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HomeMy WebLinkAbout1983-10-18 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETINS A meeting of the Board of Directors of the City of Fayetteville was held at 7:30 p.m., on October 18, 1983, in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Lancaster, Osborne, Sharp, Bumpass, Orton and Johnson; City Manager Grimes; Assistant City Manager McWethy.; City Attorney McCord; City Clerk Griffin; members of the press and audience. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. REZONING/COACH ROAD/PETITIONER: JOHN M. WALKER The first item of business that was discussed was Rezoning Petition R83-14, submitted by John M. Walker. The property in question is 2.14 acres located approximately 220 feet South of Sunrise Mountain Road on Coach Road; the change requested is from A-1, "Agricultural District" to R-1, "Low Density Residential District." 195 195.1 Mayor Noland noted that this request had been considered in a public 195.2 hearing before the Planning Commission on October 10, 1983, and had been recommended for approval by a 9-0 vote. City Attorney McCord read the Ordinance for the first time, and the 195.3 Ordinance was left on first reading while the petition was discussed. Director Osborne stated that there had been problems in the past with development on Sunrise Mountain and he thought the Board should look into these problems along with the growth pattern ofthe area before proceeding. City Manager Grimes commented that there had been problems in the area for many years and that development had occured a parcel at a time. The problem was that there were no standard City facilities (water, sewer or streets). He stated that if the Board decided to approve this petition, they should point out to the person who is going to do the development that the City is not going to be responsible for providing these services; ordinarily a subdivision in town that was done properly would have all of these facilities installed and the cost would be added to the price of the lots, but this was not the case on Sunrise Mountain. Mr. Grimes continued that they should understand that if they wanted better streets, sewer and water service, it would be incumbent upon them to get together with their neighbors and assure the City they would be willing to pay a portion of the costs of upgrading the area. 195.4 195.5 10-18-83 190 196.1 Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the Ordinance on second reading. Upon roll call, the motion passed unanimously. City Attorney McCord read the Ordinance for the second time. Director Osborne, seconded by 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. City Attorney McCord read the Ordinance for the final time. 196.2 Mr. Roy CLinton, representing the Petitioner, John Walker and the Architect, Mr. John Womack, addressed the Board, and presented the proposed building plans for this piece of property. 196..3 There was further general Board discussion on the problems concerning development in this area. Director Johnson suggested putting this on the Board Retreat Agenda, and Assistant City Manager McWethy indicated he would. 196.4 Mayor Noland asked if there was anyone present in the audience that would like to speak against this request and there was no response. He then asked, "Shall the Ordinance Pass?" Upon roll call, the Ordinance passed by a vote of 7-0, and the rezoning request was granted. ORDINANCE # 2953 APPEARS ON PAGE Oct OF ORDINANCE AND RESOLUTIONS BOOK x J I . REZONING/EAST SIDE GREGG AVENUE/PETITIONER: KENNETH WILLIAMS 196.5 Mayor Noland was advised by the City Manager that this ite.a was on the agenda by mistake; the Petitioner had asked that it be postponed indefinitely. STREET NAMING 196.6 Mayor Noland introduced the next item,which was a request by residents along County Road 650 that their street be renamed "Rainbow Loop." He noted that this item had been tabled at the October 4th meeting; since that time, the Board had received comments from the Fire Chief and the Planning Administrator regarding problems that loop roads of this type presented, particularlyfor emergency vehicles trying to locate a particular address. 196.7 Director Johnson, seconded by Orton, made a motion that County Rd. 650 be named "Rainbow Loop" with directional designations preceeding the word "Rainbow" as had been discussed at the last meeting. 196.8 Director Orton stated that the Board had toured the area earlier in the day and it seemed to her that naming it East, West and South Rainbow Loop respectively would make it easier to locate addresses; giving each segment a different name would make it more confusing. 196.9 Director Osborne stated that this would be in oppostion to what the Fire Chief and Police Chief had recommended. Director Sharp stated that this problem had been encountered on Joyce Street and he agreed with the Police & Fire Chief that each arm of the loop should have different names because problems could arise in the future should any arm of the loop be extended, in order to accommodate growth in the area. Director Osborne agreed. 1 1 1 10-18-83 Mr. Russell Jack, a resident of the area who opposed the naming of the street "Rainbow Loop" addressed the Board. Mr. Jack stated that he would like to recommend to the Board using some "pioneer names" (of people who had pioneered the area) to name the streets. He suggested several names (Poole, Mayes and Dowell), and gave a brief history of their residency in the area. Assistant City Manager McWethy pointed out that the City already had a Dowell Road. Director Osborne stated that he would like to amend the motion to name the westernmost part of the road that runs North and South "Poole Road" and to name 650 South, which is the easternmost part,df the • road, "Mayes Street" with 650 West being named Dowell Drive. Director Orton stated that it bothered her that all the residents (26 out of 29) had gotten together and agreed on a name before presenting a petition to the Board, and now the Board was ignoring their request. It was her opinion that this should be left to the residents of the area. Director Lancaster stated that it did not bother him because everyone involved had stated the only reason they wanted the road named in the first place was to make it easier for emergency vehicles to locate an address, and that they had all indicated that the actual name of the street was not as important as the street naming in itself. Director Orton then suggested that all the people involved be asked their preference in names. Mrs. Orton moved_to.table .this item again until the people concerned could get together on what they wanted the street named.. Director Sharp seconded the motion . Mayor Noland asked City Manager Grimes if he thought it advisable to send the Traffic Director, Perry Franklin, out to the area to talk with the residents and explain why this had been tabled for the second time and referred back to them. Mr. Grimes answered that he -thought a letter to the .residents1exp',ainingLthe.situation would be easier and faster. . Director Osborne asked that the letter state that at least one Director had liked the idea of memorializing the pioneering families by naming the streets after them. Mrs. Kinghorn, a resident of the area, addressed the Board, stating that she was the person who had circulated the petition and trying to get all the residents together the first time had been a problem. She said that after the discussion tonight she could understand the need for three names, but one of the things she had encountered in her talks with the residents of the street was the objection to using family names, and she related contributions made by other families in the area. She requested the Board look for names other than family names. Mayor Noland noted this was why the motion had been; made, to table this matter, in order to get a consensus of names from the community. Mayor Noland asked for a vote on the motion made by Director Orton. Upon roll call, the motion to table the item passed unanimously. 191? 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 10-18-83 190 ALLEY CLOSING/DOWELL'S ADDITION/PETITIONERS: WAGNER/ZINN/JACKMAN 198.1 Mayor Noland introduced for consideration an ordinance closing and vacating a lU ft. alley between Lots 12 and 13 and 14 and 15, West of Government Avenue and North of National Street in the Dowell's Addition. 198.2 City Attorney McCord read the Ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the motion on second reading. Upon roll call, the motion passed by a vote of 7-0. City Attorney McCord read the Ordinance for the second time. Director Osborne, seconded by Bumpass, made a motion to further suspend the rules and place the Ordinance on third and final reading. Upon role call the motion passed unanimously and Mr. McCord read the Ordinance for the final time. 198.3 Mayor Noland asked if there was anyone present that wished to speak against this alley closing. He noted that the City had the necessary clearances from the various utilities, etc. 198.4 Director Johnson asked why this alley was being vacated as it appeared if the street that ran behind the National Cemetery was ever extended, it would go right through that alley. 198.5 Mr. Zinn, one of the petitioners, addressed the Board. He stated that the alley was created many years ago in order to allow the City to put a small waterline across the property to serve their homes from the rear (homes of both petitioners); several years ago, the City put a new water main up Government Avenue, at which time the homes were connected to the new water line at the street. At this time, the City abandoned the old line; now that the alley serves no useful purpose, he and Nir. Wagner, owners of the property abutting the alley, were requesting that it be vacated. 198.6 As there was no opposition to this closing, Mayor Noland asked for a vote. Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE # 2954 APPEARS ON PAGE 60,5 OF ORDINANCE AND RESOLUTIONS BOOK X V ) • SIGN VARIANCE/REQUEST FROM DOMINO'S PIZZA INN 198.7 Mayor Noland introduced for consideration a request from Domino's Pizza Inn, 515 West Dickson, for a variance to permit an off-site wall sign. The request was submitted by Mr. David M. Beneake. 198.8 Director Lancaster made a motion that the request be denied, as it was in violation of the sign ordinance. The motion was seconded by Director Sharp and upon roll call, passed by a vote of 7-0. The request was denied. LOT SPLIT/LEONARD LINSTEAD/SOUTH OF HIGHWAY 45 EAST 198.9 Mayor Noland introduced for consideration approval of lots splits for two parcels of property owned by Mr. Leonard Linstead which are located in the City growth area South of Highway 45 East. 1 1 1 10-18-83 Mayor Noland remarked that this item had come before the¢_Board at the September 20th meeting and had been referred to the Wa-e-hand Sewer Committee, who had since talked with'Mr..Linstead, adding that they had seen the results of the percolation study. He stated that Mr. Linstead did provide for access to the rear. lot. . :The Water and Sewer Committee recommended that the lot size requirement be waived and that the fourth lot split be approved. Director Osborne, seconded by Noland, made a motion to accept the recommendations of the Water and Sewer Committee and approve the lot splits. Upon roll call, the motion passed by a vote of 5-2 with Directors Lancaster and Sharp voting in the minority. Director Osborne requested that the 11/2 acre requirements for septic tanks be put on the Board Retreat Agenda. Assistant City Manager McWethy indicated this would be done. 199 199.1 199.2 199.3 HOUSING POLICY WAIVER Mayor Noland introduced a resolution waiving the Community Development 199.4 Housing Policy to permit an expenditure which exceeds the maximum housing rehabilitation limit by $260.00. Mayor Noland said this expenditure was to correct a gas leak that was discovered in the house after renovation. 199.5 Director Bumpass, seconded by Osborne, made a motion to adopt the resolution. City Attorney McCord suggested that ;this could be done by motion, as it did•notrequire a "resolution; whith-°would_cut down cin the paperwork. Director Osborne, seconded by Bumpass, -so moved. Upon roll call, the motion passed.by a vote of 7.-0. Assistant City Manager McWethy commented that during the morning Board 199.6 tour, it had been suggested that, in the interest of cutting down on red tape, something be entered in the minutes to authorize.th e Community Development Director (in cases like this) to exceed by 10% the amount speci- fied in the Rehab contract, because so often, when a house was being rehabilitated, they'didn'tknow what was behind the wall until the sheetrock wastorn off, for example. .Director Osborne asked what the maximum authorized amount was at this time,to which Community Development Director Carlisle responded $10,000. Director Carlisle noted that this was only the 4th or 5th time they had ever asked for authorization to exceed the maximum. Director Osborne noted that this would be a timesaver in that -small amounts would not have to be brought before the Board. Director Lancaster asked Mrs. Carlisle what the average cost of rehabili- 199.7 tating a home was. Mrs. Carlisle stated this was approximately $8,000, and 12-15 homes a year were rehabilitated this way. Mayor Noland asked if there was sentiment in the Board to try to change 199.8 the procedure for taking care of these small expenditures, to simplify the whole transaction. Director Osborne made a motion that the Community Development Director be authorized, in extreme circumstances, to exceed the grant maximum amount on the rehabilitation projects, by up to 5%, with the consent of the City Manager. The motion was seconded by Director Orton,; and upon roll call, passed by a vote of 7-0. RESOLUTION # 119-83 APPEARS ON PAGE Li (I OF ORDINANCE AND RESOLUTIONS XV(I 199.9 10-18-83 20u AMENDMENT TO ENGINEERING CONTRACT/MCCLELLAND ENGINEERS/BID ALTERNATIVE FOR CONCRETE PAVEMENT/DRAKE FIELD 200.1 Mayor Noland introduced a resolution authorizing an amendment to an engineering contract with McClelland Engineers, Inc., to revise the plans and specifications to reflect a bid alternative for AIP Project No. 3-05-0020-04 for concrete pavement at Drake Field. 200.2 City Manager Grimes stated that this amendment was needed because the FAA had a problem with the City only having one asphalt contractor in this area, and there was controversy every time they came in with one bidder on a project. Secondly, the City staff had learned on many street projects that suppliers got very competitive when there was an alternate pavement material going to be bid. 200.3 Director Osborne, seconded by Bumpass, made a motion to adopt the resolution. Upon roll call, the motion passed unanimously. RESOLUTION # 120-83 APPEARS ON PAGE OF ORDINANCE AND RESOLUTIONS BOOK V(1 REZONING/NORTHWEST CORNER DICKSON STREET & WEST AVENUE/PETITIONER: BURLINGTON NORTHERN RAILROAD (R83-12) 200.4 Mayor Noland introduced for consideration an ordinance rezoning a 1.5 acre tract of land located at the Northwest corner of Dickson Street and West Avenue from I-1 (Heavy Commercial Light Industrial) to C-3, (Central Commercial). This had been approved by the Planning Commission. 200.5 City Attorney McCord read the Ordinance for the first time. 200.6 Mayor Noland asked Mr. George Faucette, Jr., (representing the petitioner) if he had any comments he wished to make at this time and Mr. Faucette replied that he had none, other than what had been made by Larry Wood, the Planning Consultant and the Planning Commission, (which was available in the agenda packet). Mr. Wood, at the public hearing on September 26, 1983, before the Planning Commission, had recommended approval of the Rezoning Petition sub- mitted by Burlington Northern Railroad. 200.7 Director Bumpass requested that this item be left on first reading at this time as there was some work going on in the area that this rezoning might affect. He continued that he thought it was important to note that this rezoning request outlines the abandonment of the railroad spurs down there, and in his opinion, it was an important consideration, considering the Master Plan's recommendations. 200.8 Mr. Faucette did address the Board at this time, stating that the abandon- ment of these tracks was not absolutely certain at this time, although the Railroad would like to so the property could be more densely used for retail development, but he thought there were some legal questions involved, as to whether they could abandon them or not. They wanted this property rezoned in order to put the depot to better use. 1 1 1 10-18-83 201 Director Bumpass stated that if the tracks are abandoned, the whole tenure of the neighborhood could change and he felt the whole area should be looked at again. He stated that some of this land was probably eligible for Community Development funds; he also felt that there were other property owners down there that would be very interested in the long-range development of West and.Dickson Streets. Mr. Faucette commented that he did not know the City had any interest in the property. Director Lancaster stated that another question that had been brought up is that if the tracks were done away with, would the property revert to the property owners on either side of the road or remain Railroad property. Directors Osborne and Bumpass concurred in that it would depend on the deed and whatever type of grant was involved. After further general Board discussion, it was the consensus of the Board that this Ordinance_be left on .first`.reading'until-,the.next'meeting, during which time some of the questions that had been brought up could be looked at`.and possibly clarified. RADIO TOWER SITE ACQUISITION Mayor Noland introduced a resolution authorizing the purchase of a two -acre tract on Robinson Mountain for installation of a new two-way radio tower for City radio operations. It was noted that this area was needed in order to install a new radio tower to improve the City's radio coverage area, to cut out most of the "dead" spots where radio signals could not be received. It was noted that propagationstudies-had been conducted by both Motorola Corporation and General Electric and it was the recommendation that this property be acquired for this purpose. • It was also noted that this land is owned by Dale Frederick (Assistant Airport Manager), who had expressed a willingness to sell the needed land to the City. The adjacent property owner on the top of the mountain had been approached about selling the City the needed two acres, but this property owner was not interested in selling any portion of his property. The amount of funds needed for acquisition would be from $1,200 to $1,500 per acre plus survey, title insurance costs and filing fees. Other costs directly associated with the two-way radio system such as the tower, building for electronic equipment, land cleaning, road work, electric service, fencing, etc. are being built into the 1984 budget. City Manager Grimes suggested that the City have an appraisal done on this land, since this acquisition involved a City employee. Director Osborne said, in his opinion, the price discussed was extremely reasonable and an appraisal would cost half as much as the land itself. City Manager Grimes stated that Mr. Frederick had not agreed to this price yet. He said they had attempted to deal with the adjacent property owner, with no success, and Mr. Frederick's property was the only remaining property with sufficient elevation to serve the City's purposes. Purchasing Agent Mackey addressed the Board, and.answered questions about the benefits of"the particular piece of property being discussed, and why this was the only site deemed suitable for the tower. 201.1 201.2 201.3 201.4 201:5 201.6 201.7 201.8 10-18-83 2n. 202.1 There was considerable Board discussion on the merits of a 450 MHz and 800 MHz radio system, as well as other costs associated with this acquisition. Director Bumpass, as Chairman of the Fire and Police Committee, along with other City staff, had inspected other sites where the 800 MHz radio system was in operation and felt it had some benefits that were superior to other systems; they felt it would be worthwhile for the City Board to consider this system. Director Bumpass stated that there was a considerable amount of money budgeted for this new radio system and if the City could afford it and the system proved to be superior, he did not think they could afford not to consider it. 202.2 Director Sharp, seconded by Johnson, made a motion to authorize the City Manager to proceed with a property appraisal on Mr. Frederick's property, with additional authorization to proceed with negotiations if the appraisal does not exceed $1,500 per acre. Upon roll call, the motion passed unanimously. 202.3 At the request of Director Bumpass, the Board instructed Purchasing Agent Mackey to arrange for presentations from at least two 2 -way Communication companies on the two different radio systems discussed; one presentation is to be made on the 800 MHz band and the other on the 450 MHz band. AUDIT CONTRACT MODIFICATIONS 202.4 Mayor Noland introduced a resolution authorizing modifications to the City's present audit contract with Arthur Young and Company. 202.5 There was no discussion on the item. Director Johnson, seconded by Osborne, made a motion to adopt the resolution. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION # 121-83 APPEARS ON PAGE y,23. OF ORDINANCE AND RESOLUTIONS BOOK )(VII • RIGHT-OF-WAY ACQUISITION/N.E. CORNER JOYCE STREET & OLD MISSOURI ROAD 202.6 Mayor Noland introduced an Ordinance authorizing condemnation of 1.2 acres of land located at the Northeast corner of Joyce Street and Old Missouri Road. He stated that this land is needed for improvements along Joyce Street where it intersects with Old Missouri Road. 202.7 City Attorney McCord stated that this should be a resolution; the contract is being withheld, and Mr. McCord stated he had been instructed the latter part of last week to go ahead and file the condemnation. The results of the appraisal had come back, which was $5,000. This amount was tendered and an Order of Possession was obtained and the lawsuit filed, so a resolution authorizing and ratifying the filing of the condemnation was in order. 202.8 There was no further discussion on this item. Director Lancaster, seconded by Osborne, made a motion to adopt the resolution. Upon roll call, the motion passed by a vote of 7-0. 77 RESOLUTION # 122-83 APPEARS ON PAGE 'M., OF ORDINANCE AND RESOLUTIONS BOOK XVII . 1 1 1 1 1 10-18-83 203 PROPERTY CLEAN-UP LIENS Mayor Noland introduced a resolution authorizing the filing of two 203.1 liens against for which clean-up payments have not been received. City Attorney McCord stated that he would prefer to handle this item 203.2 by Ordinance, one for each piece of property. Lots 1, .3 & 9, Block 10, Parksdale Addition/Lien Amount $148.51 Plus Penalty City Attorney McCord read the Ordinance for the first time. Director Lancaster, seconded by Bumpass, made a motion to suspend the rules and place the Ordinance on second reading. Upon roll call, the motion passed by a vote of 7-0. City Attorney McCord read the Ordinance for the second time. Director Osborne, seconded by 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. Mayor Noland asked, "Shall the Ordinance Pass?" Upon roll call, the Ordinance passed by a vote of 7-0. ORDINANCE # 2955 APPEARS•ON PAGE 005 OF ORDINANCE AND RESOLUTIONS' BOOK 1CUJ . 1155 South Maxwell/Lien Amount $102.67 Plus Penalty City Attorney McCord read the Ordinance for the first time. Director Osborne, seconded by Bumpass, made a motion to suspend the rules and place the Ordinance on second reading. Upon roll call, the motion passed by a vote of 7-0. City Attorney McCord read the Ordinance for the second time. Director Osborne, seconded by Bumpass, 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 7-0 and the City Attorney read the Ordinance for the final time. Mayor Noland asked, "Shall the Ordinance Pass?" Upon roll call, the Ordinance passed by a vote of 7-0. ORDINANCE # 2956 APPEARS ON PAGE D08 OF ORDINANCE AND RESOLUTIONS BOOK ,rd/ BID AWARDS Mayor Noland introduced for consideration the award of two bids. Bid #542 is for the purchase of four sanitation truck chassis and packer units. Bid #543 is for a 1/2 ton pickup for the meter reading division. Mayor Noland stated that the low bidder on Bid #542, for the truck chassis was Lewis Ford Sales and the low bidder for the packer units was Choctaw, Inc. Director Bumpass, seconded by Osborne, made a motion to award the bid to the lowest bidders. Upon roll call, the motion passed unanimously. Mayor Noland stated that the low bidder on Bid #543 for the 1/2 ton pickup was Nelms Chevrolet. The Pickup is to be used as a customer service truck, in the water meter division. 203.3 203.4 203.5 203.6 203.7 10-18-83 204 204.1 There was general Board discussion on the merits/disadvantages of using motor scooters, like the Meter Maid. Purchasing Agent Mackey stated that, in his opinion, this would be impractical as this was a customer service truck that went far out in the growth area of the City, to make service calls (turn water on/off, etc.). He said that in snowy, icy weather, it could be difficult to climb up Mt. Sequoyah on a motor scooter, in addition to being uncomfortable for the City Employee who had to be out in the inclement weather. 204.2 There was further discussion on the merits of gasoline/diesel run engines. Several of the Directors had vehicles that used diesel instead of gasoline as fuel and reported the excellent mileage they had experienced. Several of the Directors also questioned why the smaller, compact pickups had not been bid. City Manager Grimes answered that the City's experience with the compact pickups had not been good, as they had not lasted and trade-in value was low. 204.3 Mayor Noland asked what sentiment there was in the Board in regards to accepting this bid; did the Board want to send it back and have it re -bid as a diesel; the other alternative mentioned was a compact truck. 204.4 Director Lancaster, seconded by Orton, made a motion to accept the bid from Nelms Chevrolet, with the stipulation that the next time the City asks for bids for pickup trucks, get alternate bids on a small diesel pickup. Upon roll call, the motion passed by a vote of 5-2 with Directors Orton and Sharp voting in the minority. 204.5 Mayor Noland stated that there would have to be a budget adjustment on this in the amount of $258.66 as there was $7,800 in the current budget for this customer service truck and the low bid was $8,058.66, and so moved. Director Bumpass seconded the motion. Director Johnson stated she preferred that this go through the Finance Committee. Mayor Noland stated that since the bid had just been accepted, he thought the budget adjustment would be mandatory. City Manager Grimes said the department could go ahead and overspend and then let the budget adjustment come through the Finance Committee. The motion and second were withdrawn. NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY MEMBERSHIP 204.6 Mayor Noland introduced an Ordinance approving Washington County as a member of the Northwest Arkansas Resource Recovery Authority. 204.7 City Attorney McCord read the Ordinance for the first time. Director Johnson, seconded by Osborne, made a motion that the rules be suspended and the Ordinance be placed on second reading. Upon roll call, the motion passed by a vote of 7-0 and City Attorney McCord read the Ordinance for the second time. Director Osborne, seconded by 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 7-0 and City Attorney McCord read the Ordinance for the final time. 204.8 There was no further discussion on this item and Mayor Noland asked, "Shall the Ordinance Pass?" Upon roll call, the Ordinance passed by a vote of 7-0. ORDINANCE # 2957 APPEARS ON PAGE On OF ORDINANCE & RESOLUTIONS BOOKx4i 1 1 10-18-83 205 BID WAIVER/HALON FIRE PROTECTION SYSTEM FOR COMPUTER ROOM Mayor Noland introduced an Ordinance waiving competitive bidding re- quirements to permit the installation of a Halon Fire Protection System in the computer room of the remodeled City Administration Building. City Attorney McCord read the Ordinance for the first time. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the Ordinance on second reading. Upon roll call, the motion passed by a vote of 7-0 and City Attorney McCord read the Ordinance for the second time. Director Johnson, seconded by Bumpss, 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. 205.1 205.2 Mayor Noland asked, "Shall the Ordinance Pass?" Upon roll call, the 205.3 Ordinance passed by a vote of 7-0. ORDINANCE # 2958 APPEARS ON PAGE 40/3 OF ORDINANCE AND RESOLUTIONS BOOK X✓/ . CONTRACT AWARD/DECCO CONTRACTORS/SEWER MAINS -INDUSTRIAL PARK Mayor Noland introduced a resolution authorizing the Mayor and City Clerk to execute a contract with the low bidder, Decco Contractors, Inc. of Rogers, for construction of sewer mains in the Industrial Park, to serve the Andrew Corporation. Director Lancaster, seconded by Osborne, made a motion to adopt the resolution. Upon roll call, the motion passed unanimously. RESOLUTION # 123-83 APPEARS ON PAGE 'IA OF ORDINANCE AND RESOLUTIONS BOOK XVI( . TAX LEVY Mayor Noland introduced an Ordinance levying the real and personal property taxes within the City. It was noted that this is not a new tax, but is instead the annual renewal of the current tax levy. No increase in the current rate is planned, but the levy must be approved by the Board of Directors. The breakdown of the 9 mills is: General Governmental Operations Police Pension Fund Fire Pension Fund Capital Improvements (City library and Youth Center expansion, approved by the voters on November 29, 1977) 2 9 mills City Attorney McCord read the Ordinance for the first time. Director Johnson, seconded by Bumpass, made a motion to suspend the rules and place the Ordinance on second reading. Upon roll call, the motion passed by a 205.4 205.5 205.6 205.7 10-18-83 20 r; 206.1 vote of 7-0 and the City Attorney read the Ordinance for the second time. Director Johnson, seconded by 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. Mayor Noland asked, "Shall the Ordinance Pass?" Upon roll call, the Ordinance passed by a vote of 7-0. ORDINANCE # 2959 APPEARS ON PAGE 0/5 OF ORDINANCE AND RESOLUTIONS BOOK XVI OTHER BUSINESS Westphal Tract/Pending Eminent Domain Case 206.2 City Attorney McCord reviewed his October 14th letter to City Manager Grimes regarding the 100' x 219' tract of land, owned by Robert B. Westphal. The land is needed to construct an extension of Razorback Road; the Westphal tract adjoins an identically shaped tract to the North which the City acquired by negotiation. Mr. Westphal's property has been appraised at $2,650 and the case is set for trial November 5, 1983. The landowner's Attorney, Mr. Martin, has proposed a land "trade". Under this proposal, Mr. Westphal would deed the Eastern half of his property to the City in ex- change for a deed from the City to the Western half of the Baker property and the City would retain the $2,650 it has deposited. Mr. Westphal would pay the City an additional $1,000. The City's appraiser has advised that he believes this settlement proposal is very reasonable. 206.3 Mr. McCord stated that it was his recommendation, as well as the City Manager's, that this proposal be accepted and a resolution authorizing the execution of the deed to effectuate the transfer be approved, conditional upon receipt of the deed to the Eastern half of the property and payment of $1,000 206.4 Director Osborne, seconded by Johnson, made a motion to adopt the resolution. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION# 124-83 APPEARS ON PAGE '432 OF ORDINANCE AND RESOLUTIONS BOOK XVII 206.5 Comments from the Mayor Mayor Noland requested the Board submit specific items they wanted on the Board Retreat Agenda to Assistant City Manager McWethy; also, he noted that if there were some capital projects in the City that need attention or discussion, at the Board Retreat, these could be prioritized. 206.6 Mayor Noland noted that the State Aeronautics Commission had verified in writing the $67,000 grant that had been awarded to the City for improve- ments to Drake Field. He complimented Ede Hogue, Airport Manager, Dale Fredericks, Assistant Airport Manager and Director Lancaster, in his capacity of Chairman of the Airport Committee, on this accomplishment and the work that went into making it possible. 1 1 1 10-18-83 Director Orton's Comments Director Orton noted that the Board had viewed the house on 1155 South Maxwell that was the subject of a Property Clean-up Lien approved tonight by the Board in earlier considerations. She stated the house is abandoned and is deteriorating. She remarked that the City Manager had made a suggestion that the City might have an obligation to do something about this house. She suggested that this be followed through on. City Manager Grimes reported that this had been discussed with the City Attorney, who stated that the City might possibly use its right of Eminent Domain to acquire this parcel, that is apparently tied up in an estate where the heirs cannot agree as to what should be done with the house, which is just sitting there deteriorating, becoming a drag on the neighborhood. He stated that he felt the City might well have an obligation to acquire the house, rehabilitate it and put it back on the market for sale, for the sake of the neighborhood, and to get the matter cleared up. City Attorney McCord stated that he had done somepreliminary research earlier in the day, and the authority of the City to do this type of condemnation is questionable, and the law very clearly stated the power of eminent domain be strictly construed in favor of the property owner. He said the City did have the authority to exercise the powerof eminent domain to eliminateurban_blight,mhich he -felt was what was being discussed tonight, but as he read the Statutes, this would have to be in accordance with a duly adopted redevelopment plan, in which the City finds that a speci- fied area of the City is in a blighted condition, which is not the case here. He stated that he did not recommend, at this point in time, that this action be taken, although he would research this matter further. He stated that the City did have the power to order the building to be razed, if it is in such a delapidated condition as to not be repaired and brought up to Code, and the City could have a lien on the property for these clean-up costs. 207.1 207.2 207.3 There was no action taken on this matter at this time. 207.4 Noise Barrier/Ordinance Waiving Competitive Bidding City Manager Grimes Said problem had developed concerning construction 207.5 of the Noise Barrier, in that they thought they could do the actual construction utilizing the DWI laborers as they were available,but they were now running into some time constraints, as construction was beginning' later in the season than.they had anticipated, and having a consistently sufficient number of laborers is proving more difficult than expected. He stated that the Airport Staff has done some negotiating with an individual who is willing to do the job'for a lump sum of $4,000, and no payment would have to be made until the work was completed and approved. He said the City Attorney had an Ordinance waiving competitive bidding prepared, if the Board agreed with this course of action. He noted that the $4,000 would include labor only; the City would furnish all the materials. The Board agreed to this action. City Attorney McCord read the Ordinance for the first time. Director 207.6 Osborne, seconded by 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 7-0. City Attorney McCord read the Ordinance for the second time. 10-18-83 200 2.08.1 Director Osborne, seconded by 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 7-0 and the City Attorney read the Ordinance for the final time. Mayor Noland asked, "Shall the Ordinance Pass?" The roll was called and the Ordinance waiving the requirements of competitive bidding for this contract passed by a vote of 7-0. ORDINANCE # 2960 APPEARS ON PAGE Of OF ORDINANCE AND RESOLUTIONS BOOK fj . Contract Award/Labor to Construct Noise Barrier 208.2 In conjunction with the above Ordinance waiving competitive bidding, Director Osborne, seconded by Lancaster, made a motion to award a contract in the amount of $4,000 for labor to construct the noise barrier, to Raymond Sizemore. Upon roll call, the motion passed by a vote of 7-0. Director Bumpass' Comments 208.3 Director Bumpass stated that he had been requested by a local Dentist to be notified when the fluoridization system was inoperable, for any length of time. He asked if there was any way the Dentists in town could be notified and City Manager Grimes responded that there was, that the Water Superintendent had agreed when the system was put on line, to notify these people if the system was going to be down for more than 60 days. He said he would check into this. Comments from Assistant City Manager McWethy 208.4 Assistant City Manager McWethy stated that the deadline for submission of the responses to the request for qualifications for an interior design consultant for the newly renovated City Hall was 5:00 p.m., October 19th. He asked if the Board wanted the City Hall Committee to review these in a preliminary manner, or does the full Board want to do it. 208.5 Mayor Noland replied that the City Hall Committee has been involved with this and he thought the Committee should review these and come up with a recommendation. The Board concurred. 208.6 A City Hall Committee Meeting was scheduled for 3 p.m. on October 21, 1983, at the Chamber of Commerce. MINUTES 208.7 The following corrections were made to the minutes of the October 4, 1983 meeting: 208.8 184.8; 185.2; (first and last sentence); 185.3; 185.8; 186.1 (last sentence) Change spelling of Mr. Greenhall's name to Greenhaw. 208.9 With these corrections, the minutes were approved as distributed. ADJOURNMENT 208.10 With no further business before the Board, the meeting adjourned at 9:45 p.m.