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HomeMy WebLinkAbout1984-01-17 Minutes277 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville was held at 7:30 P.M. on January 17, 1984 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 Kennedy; members of the press and audience CALL TO ORDER Mayor Noland called the meeting to order. 277.1 REVENUE SHARING/PUBLIC HEARING Mayor Noland opened the public hearing regarding the proposed 1984 Revenue Sharing Budget. The Mayor stated this budget had been published in the local press and he asked for any comments from the audience. Finance Director Scott Linebaugh pointed out the proposed budget reflects an increase of about $110,000 due to an increase in local tax revenues. There being no comments from the audience, the public hearing was closed. 277.2 Director Orton, seconded by Sharp, made a motion to adopt the 1984 Revenue Sharing Budget. Upon roll call the motion passed unanimously. RESOLUTION NO. 4A-84 APPEARS ON PAGE !.Z OF ORDINANCE & RESOLUTION BOOK yviLl 277.3 PAYMENT TO CH2M HILL/ADDITIONAL SERVICES Mayor Noland introduced a request by the City Engineer for author- ization to pay for additional engineering services performed by CH2M Hill, recommended by the Water and Sewer Committee. 277.4 Director Osborne, seconded by Johnson, made a motion to approve the request. Upon roll call the motion passed unanimously. RESOLUTION NO 5-84 APPEARS ON PAGE /d5 OF ORDINANCE AND RESOLUTION BOOK NO. XVII( 1 1 1 1 1-17-84 SIGN APPEAL/HOLIDAY INN Mayor Noland introduced further consideration of an appeal from the literal provisions of the Sign Ordinance submitted by Holiday Inn, 2402 North College Avenue, Fayetteville. City Attorney McCord explained he had been contacted by counsel for the petitioner who stated the petitioner requests the petition be withdrawn. Director Orton asked that it be noted, for the benefit of any concerned citizens who might be present, that the appeal has been withdrawn and will not be considered again by Board. 278 278.1 BUDGET ADJUSTMENTS/COMMUNITY DEVELOPMENT BLOCK GRANT 278.2 Mayor Noland introduced Board consideration of approval of various budget adjustments in previous Community Development Block Grant budgets. Finance Director Linebaugh explained, due to a hew federal requirement (Attachment P), prior approved budgets must.be split up into three calendar periods, so that the audit can be performed on a calendar year basis. Director Johnson, seconded by Orton, made a motion to approve 1 278.3 the budget adjustments. Upon roll call the motion passed unani- mously. RESOLUTION NO. 6-84 APPEARS ON PAGE /,9% OF ORDINANCE AND RESOLUTION BOOK XVII I 1984 COMMUNITY DEVELOPMENT BUDGET/PUBLIC HEARING 278.4 Mayor Noland opened the public hearing on the preliminary 1984 Community Development Block Grant Budget. EOA Children's House/SCAN 278.5 Present to address the Board on behalf of Washington County SCAN was Janet Richardson. Ms. Richardson spoke briefly about the history of SCAN and stated they presently must pay $255 per month rent at Ridge House for the use of two rooms. She stated, since SCAN and Children's House work closely together, it would be cost effective for them to occupy the same facility. Richardson stated SCAN and Children's House request a total of $100,000 for a building project to get underway this year and to be completed next year. 4.• 1-17-84 279.1 Susan Lynch, Director of EOA Children's House, addressed the Board. Lynch explained Children's House has had to occupy three different facilities in the last five years and that their present location at St. Paul's Episcopal Church was intended to be temporary, as the Church needs that space for other uses. Lynch said some of the other special problems are the need for a kitchen which can be USDA licensed; their toddler's room has no windows nor ventilation and the lack of bathroom facilities creates serious problems Lynch stated so far they have been unable to find a facility large enough that could be costeffectively remodeled but that the possibility of purchasing an existing building has not been ruled out. Richardson stated one year ago she understood the City owned the site where Fulbright Wood Products was located so that possibly land would not need to be purchased. 279.2 In answer to questions from the Board, Lynch stated Children's House presently serves 20 children, all of whom are referred from SCAN or Protective Services, and that they now are operating with a total budget of about $100,000. Lynch stated all these children have been abused or neglected in the home and 18 of them qualify as handicapped. Lynch stated Children's House presently employs three full-time teachers, one teachers aide, one director, one part-time van driver and one part-time cook. The average age range of the children is from 18 months to six years. Lynch stated they have calculated a need for 5,256 total square feet for both Children's House and SCAN. Janet Richardson pointed out the Title XX contract prohibits them from owning the facility which houses their programs. Lynch stated a child stays in the Children's House program anywhere from six months to three years. She stated the need most unmet is that of the youngest children. Lynch stated, although they are Fayetteville -based, they serve all of Washington County. 279.3 EOA Weatherization Program Bruce Davis addressed the Board on behalf of The EOA's Weather- ization Program which he stated requests $3,500, an amount which he explained would be used to obtain Title XX matching funds. Davis stated his program would be seeking a total of $9,000 locally; that in addition to the City of Fayetteville, they would seek funding from the Washington County Quorum Court and the Aging Program. Davis explained this $9,000 would allow his program to obtain a Title XX (Area Agency on Aging) contract of $36,000. Davis told the Board the program provides weather- ization to the homes of low-income families, primarily the disabled and elderly. Re stated the impact of these services has been a 30% reduction in fuel costs from an expenditure of up to $400 in materials per home. In answer to questions from Board members, Davis explained the $36,000 covers salaries, 1 1 1 1-17-84 fringe benefits, audit, bookkeeping, and travel; that the program also receives funding from a Department of Energy contract (of about $150,000 per year),which covers funds for -materials, program support, warehouse costs, and other operating costs. Davis stated in 1983 the program weatherized 183 homes in Washington County, 22 of these in Fayetteville. He explained, with a $400 limitation, the scope of their services can only cover adding insulation, caulking, weatherstripping, and some repair to windows and doors; sometimes minor repairs to floor, ceiling and walls. Mayor Noland asked Mr. Davis to provide some addresses of sample homes to the Assistant City Manager so that the Board might tour these homes before the next meeting. Davis stated the program criteria restricts service only to those who meet federal income guidelines and those who are over 60 years of age. Davis explained, in the case of rental units, landlords must sign an agreement not to raise the rent for three years. Davis also noted that only .those homes which are weatherized in Fayetteville are submitted to the CD Program for billing. He stated the Program has a Field Supervisor who inspects the work and the Division of Community Services in Little Rock inspects four times a year for the Department of Energy. Per house, Davis estimated about $874 is spent from DOE funds - 46%for materials and 54% for program support (including warehouse rent, utilities, transportation, tools, insurance, director and secretarial salaries, carpenters, tool repair). Davis stated they do not need to advertise the program as there is a waiting list of eligible persons and EOA's Home Energy Assistance Program (which provides fuel payment assistance) refers their clients to the program. Davis stated the program employs two part-time carpenters, four full time carpenters and a couple of volunteers. Fayetteville Open Channel Michael Barr addressed the Board on behalf of Fayetteville Open Channel. Barr stated their request is for $12,496 to finance the production of eight programs about agencies in the community which service low and moderate income persons and which are in need of publicity. Barr noted some of these agencies would include city programs such as the Housing Author- ity, the Rental Assistance Program and the Community Development Block Grant Program. Barr explained Fayetteville Open Channel is a non-profit organization which receives funding through a contract with Warner Amex Cable, membership fees, donations and grant monies. Barr noted the City had contributed $10,•000 last year. Director Sharp urged Mr. Barr to be aware of the United Community Services organization which is funded by the United Fund whose main service is to disseminate information to the community; that some United Fund programs may even donate 280 280.1 280.2 281 281.1 281.2 281.3 1-17-84 time or money to Fayetteville Open Channel. In answer to questions from the Board, Barr explained his budget for this year would be less than for 1983, about $73,000, all of which he stated was for operating expenses. Barr explained they intend to produce eight hours of original programming that could be repeated four to six times a year and to make tapes available to the various agencies involved. Streets Mayor Noland stated letters had been received from residents of the Lewis/Venus area requesting curb and gutter paving and sidewalk construction. A resident of the Bailey/Butterfield area addressed the Board and said that an additional resident of that area has been added to the list of those names already requesting street improvement work. Sandra Carlisle stated both the Lewis/Venus and the Bailey/Butterfield areas are eligible to receive CD funding. She also explained the streets on the list came in by request of the residents themselves. Housing Rehab Program Director Bumpass asked Sandra Carlisle, Director of the Community Development Program, how much time her office spends on the rehab program and she stated there is one full time employee who spends all her time specifically on the rehab program. Director Bumpass questioned whether the City "is doing the right thing" 1n giving grants to individuals in the community based upon the following criteria: low and moderate income, elderly, and a home that is eligible. Bumpass stated he thought there were probably 400 or 500 eligible homes and that the $125,000 allocated to this program would only cover the rehabil- itation of approximately 15 homes per year, at an average cost of $8,000 per home. Bumpass stated the loan program has not had much activity because nearly all the money for rehab goes to the elderly. Bumpass stated the City makes the improvements "as a gift" and he suggested, in the case of those homes which are owner -occupied, there might be a way to recover the City's investment in the homes through a mortgage or lien which would come due on the basis of the life estate. Bumpass suggested, at the time of probate, the City could recover its investment, charging no interest, and have the money reinvested into a fund which would be available to others. Director Lancaster stated the City addressed a mortgage program of this type about five years ago and there was a problem over who would administer the program. It was Lancaster's opinion that no one over 70 years old would want to give the City a mortgage on their home. City Attorney McCord stated there had been an attempt to have a program of this type but there was not enough public interest; 1 1 1 1 1-17-84 he stated the existing grant program does provide that, if the owner disposes of the property within five years of the time the rehab work was done, a pro rata refund is to be made to the City. • Sandra Carlisle explained a grant agreement is signed in which the owner promises they will not rent, or sell the house for five years or they must pay back a pro rata refund. She stated an abstract company is able to tell if a house has been sold during the period of the grant agreement. Carlisle stated any moneys obtained through the pro rata refund arrangement would go back into the rehab program. Carlisle noted the criteria and policies being discussed were those set by the Board. Osborne stated his view is that Bumpass' suggestions would only complicate an elderly person's estate; Osborne stated he thought this "would put a damp blanket over the program", and would reduce the number of applicants. Bumpass stated he thought it was a needed program but is bothered by the owner - occupied aspect and the fact that the grant is null and void if the owner passes on shortly after the home has been rehabil- itated. Mayor Noland suggested the Board could possibly consider policy changes to this program between now and February 7, the time of the next meeting. With no further comments, the public hearing was closed. Mayor Noland stated the CD Budget for 1984 would be discussed again and probably adopted at the February 7 meeting. . PARKS EQUIPMENT/AWARD.OF BID Mayor Noland introduced consideration,of,an award of bid for the purchase of playground equipment for Walker Park North and Charles J. Finger Park, under the Community Development Block Grant Program. Sandra Carlisle explained bid tabulations enclosed with the agenda should be corrected (because there will only be a 4% tax) to read: $22,324.64 to Apex Associates; $5,654.49 to Bergfeld Recreation, Inc.; and $16,592.16 to Miracle. Director Osborne, seconded by Sharp, made a motion to award the bid as recommended. Director Bumpass asked if the Master Plan for Finger Park included the location of the equipment; Bumpass stated he was shocked that such a large amount of money was.•being spent on a park which will not be so much a neighborhood park as it will be one that is visited by people outside the area (because of its location). Carlisle explained the money would be spent, about half and half, between Walker Park and Finger Park. Carlisle also mentioned the Walker Park equipment would be used for the new soccer field area. Upon roll call, the motion passed, 7-0. 282 282.1 282.2 282.3 283 1-17-84 SEWER INCREASE Mayor Noland introduced an ordinance raising the monthly sewer 283.1 rates to cover increased operational costs, primarily due to in- flation. Mayor Noland stressed this had been discussed prior to the sales tax election but the Board had not formally adopted an ordinance at that time. The Mayor stated there would be at least three anticipated increases based on the Black and Veatch study - another in 1985 and again in 1987. 283.2 The ordinance was read for the first time by the City Attorney. 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 unanimously. 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. The City Attorney read the ordinance for the final time. Mayor Noland noted the rates being used in the ordinance are exactly the same as those which were projected in case the sales tax passed. McCord confirmed that a new ordinance would not need to be passed each time an increase goes into effect but that if the rates need to be adjusted the ordinance can simply be amended. Director Bumpass asked if the cost of the contract with CH2M Hill had been factored into the rates. Finance Director Linebaugh explained that projection had been factored in, by estimating the cost of operating the facility; that hopefully it will not be necessary to amend the costs because of a factor which had been included for unanticipated miscellaneous costs. Upon roll call the motion passed unanimously. 283.3 ORDINANCE NO. 2972 APPEARS ON PAGE 05/ OF ORDINANCE AND RESOLUTION BOOK NO. STREET MAINTENANCE Mayor Noland introduced an ordinance amending the City Code regarding the maintenance guarantee requirements for improvements installed by subdividers. 283.4 City Attorney McCord stated he and the Assistant City Manager talked with a local engineer who raised pertinent questions regarding the intent of this ordinance and, as a result, they concluded it might be a good idea for the Board to refer this ordinance to the Street Committee for input from engineers and developers on the best manner to accomplish the intent of the ordinance and what effect it may have. Director Orton, seconded by Bumpass, 1 1 1 1-17-84 made a motion to refer the ordinance to the Street Committee. Director Bumpass asked concerned members of the audience to express their concerns regarding this ordinance. Bryce Davis addressed the Board and asked if the ordinance would pertain to streets, sewer and water, or to only one item. Mayor Noland explained the ordinance was written to include "all required improvements". Davis asked about length of time and the Mayor said this had not yet been decided. The Mayor said the City, during Budget Committee hearings, encountered some problems with one or two subdivisions where the City had to rebuild the streets after a.relatively short period of time. The Mayor said the intent of the ordinance is to prevent citizens from having to rebuild the streets in some of the subdivisions. Mayor Noland said some of the repairs are necessary because of poor drainage, or because of an improper amount of asphalt on the streets. Bryce Davis asked if, in those cases, it was possible that City standards had not been met when the streets were built. Mayor Noland said the standards may or may not have been met in some cases. Director Osborne stated Canterbury and Rockcliff were two specific streets which had problems. George Faucette asked that some notification be provided of the Street Committee meeting. A member of the audience asked if the Board knew of any City which had ever asked for a five year warranty on a street. Director Lancaster stated the question of whether the streets met City standards was a pertinent one and, depending on the answer to that question, perhaps the City might need to rewrite its standards. City Manager Grimes pointed out that, because of the varying conditions in Fayetteville Arkansas, the City would have to write a different set of specifi- cationsfor every street, which the developers certainly wouldn't want the City to do. Grimes stated he thought it was better to have one basic standard, with some variables that must be met. Bryce Davis expressed his concerns over the cost of five-year bonding, and stated the lot owner is the person who will ultimately have to pay for this bond. An engineer in the audience stated he thought those streets which have failed could still "stand a test" to see why they failed. He also pointed out one of the first vehicles that comes into a subdivision after the street is built is the concrete truck, before the houses are built. Wade Bishop stated he thought the Street Committee should consider a study of soil types. Upon roll call, the motion to refer the ordinance to the Street Committee passed, 7-0. 284 284.1 284.2 REZONING/NORTH STREET & GARLAND AVENUE 284.3 Mayor Noland introduced an ordinance rezoning, from R-3 (High Density Residential) to C-1 (Neighborhood Commercial), 0.49 acres located at the southeast corner of the intersection of North 1-17-84 285.1 Street and Garland Avenue, petition R83-25 submitted by Sterling Anders. The Mayor noted the Planning Commission recommended the rezoning, 8-1. 285.2 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed unanimously. The City Attorney read the ordinance for the second time. Director Bumpass, 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, 7-0. The City Attorney read the ordinance for the final time. The Mayor asked if there was anyone present who wished to speak against the petition. There was no response. With no further discussion, upon roll call the motion passed, 7-0. ORDINANCE NO. 2973 APPEARS ON PAGE 056 OF ORDINANCE AND RESOLUTION BOOK NO. PA 285.3 LOT SALE/S. COLLEGE AVENUE & ARCHIBALD YELL BOULEVARD Mayor Noland introduced a resolution authorizing the execution of a quitclaim deed to a triangular parcel located at the intersection of S. College Avenue and Archibald Yell Boulevard. Mayor Noland explained that the Board was asked to approve this sale in December to the adjoining property owner (for $250) but, because a citizen was present and expressed an interest in purchasing the property, the Board directed the parcel be put out for competitive bids. The Mayor stated the only bid submitted, from the adjoining property owner, is for $25. 285.4 Director Osborne, seconded by Johnson, made a motion to pass the resolution, but stated he wondered why the interested citizen never submitted a bid. Director Lancaster expressed some concern over selling property for $25 which had been appraised for $250. City Manager Grimes pointed out the City did not pay for the appraisal. Director Osborne stated he thought the property was worthless to the City, due to its configuration, and that it would only cost the City money to keep it mowed. Director Bumpass stated he could not in good conscience vote to sell property at 10% of its market value. City Attorney McCord stated he had not examined the abstract but understands it does not reflect the City has fee simple title to the property and for that reason, the City may have "a cloud" on the title and will only give a quitclaim deed to the property. Director Sharp suggested, if there is some question whether the City actually owns the property, it should be given to the bidder. 1 1 1 1 286 1-17-84 Director Osborne stated he wished to amend the motion to state 286.1 the City will give the property to the bidder, at no charge. D irector Johnson did not agree to second the amended motion. Director Osborne stated his motion stands as originally worded. Upon roll call, the motion failed, 3-4, with Directors Osborne, Orton and Johnson voting for the motion and Directors Sharp, Noland, Bumpass and Lancaster voting against the motion. PUD ASSESSMENT REVISION/BRONZE TREE TOWNHOUSE ASSOCIATION Mayor Noland introduced consideration of approval of revisions in the maximum annual Property Owner Association assessments for B ronze Tree Townhouse Association, Inc. The Mayor stated the assessments for this PUD were originally $480 per year for maintenance and upkeep of the property and private drives and utility lines; that the developer is proposing to lower this figure to $300. Mayor Noland stated any changes in the covenants must be approved by the Board of Directors. A representative for developer Ralph B rophy addressed the Board, stating she is listing the property and the assessment is too much because there is no swimming pool or tennis court and the yards are small. Director Osborne, seconded by Sharp, made a motion to approve the request. Upon roll call the motion passed unanimously. • AIRLINE LEASES Mayor Noland introduced consideration of approval of one-year extensions to the existing lease agreements with the airlines at Drake Field, with the same per -square -foot rentals and landing fees as in the 1983 leases. •. . Director Johnson, seconded by Bumpass, made a motion to approve the lease extensions. Upon roll call the motion passed, 7-0. RESOLUTION NO. 7-84 APPEARS ON PAGE / Q, OF ORDINANCE AND RESOLUTION BOOK 10/HI 286.2 286.3 286.4 286.5 AIRPORT RESTAURANT LEASES 286.6 Mayor Noland introduced consideration of approval of a one-year extension of the lease agreement with the airport restaurant, reflecting an approximate 2Z increase over the rates in the 1983 lease. 1-17-84 287.1 Director Osborne, seconded by Orton, made a motion to approve the one-year extension. Upon roll call the motion passed, 7-0. RESOLUTION NO. 8-84 APPEARS ON PAGE /67 OF ORDINANCE AND RESOLUTION BOOK y VI J 287.2 AIRPORT LIMOUSINE LEASE Mayor Noland introduced consideration of approval of a one-year extension of the existing lease agreement with the airport limousine service, reflecting an approximate 4% increase over the rates in the 1983 lease. 287.3 Director Johnson, seconded by Bumpass, made a motion to approve the lease extension. Upon roll call thee2.motion passed, 7-0. RESOLUTION NO. 9-84 APPEARS ON PAGE I b OF ORDINANCE AND RESOLUTION BOOK XV'r0 STELLA ROAD CLOSING 287.4 Mayor Noland introduced a request by the Airport Manager for an ordinance closing and vacating Stella Road, running north and south along the eastern edge of the Drake Field property. 287.5 City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed, 7-0. The City Attorney read the ordinance for the second time. Director Bumpass, 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, 7-0. The City Attorney read the ordinance for the final time. Mayor Noland asked if there was anyone present who wished to speak against the ordinance. There was no response. Upon roll call the ordinance passed, 7-0. ORDINANCE NO. 2974 APPEARS ON PAGE 059 OF ORDINANCE AND RESOLUTION BOOK XVI AIRPORT GRANT AMENDMENT 287.6 The Mayor introduced a resolution authorizing the execution of Amendment #3 to an airport grant agreement with the Federal Aviation 1 1 1 1 1 1-17-84 Administration, to include the construction of an access taxiway, aircraft parking apron, east entrance road, and a noise study. Director Osborne, seconded by Johnson, the resolution. Upon roll call the motion RESOLUTION NO. 10-84 APPEARS ON PAGE BOOK XVIII BID WAIVER/ASPHALT MATERIALS made a motion to approve passed, 6-0. OF ORDINANCE AND RESOLUTION Mayor Noland introduced an ordinance waiving competitive bidding requirements for the purchase of asphalt and asphalt mixes and aggregates; and authorizing the purchase of said materials from the McClinton -Anchor Division of APAC-Arkansas, Inc. City Attorney McCord read the ordinance for the first time. Director Johnson, seconded by Noland, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call the motion passed, 6-0. The City Attorney read the ordinance for the second time. Director Johnson, seconded by Noland, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call the motion passed, 6-0. The City Attorney read the ordinance for the final time. Mayor Noland asked if there was anyone present who wished to speak against the ordinance. There was no response. Upon roll call the ordinance passed, 6-0. 1 ORDINANCE NO. 2975 APPEARS ON PAGE #9'/ OF ORDINANCE AND RESOLUTION BOOK X I/ / TRAILER OFFICES Mayor Noland introduced further consideration of an ordinance amending the Zoning Ordinance by allowing the use of a mobile home as a temporary construction office on property for which a building permit has been issued. This matter was tabled at the January 3 Board meeting so that the City Attorney could draft wording limiting the time that the mobile home could remain on the construction site. City Attorney McCord stated, in a staff meeting, it was concluded the ordinance might not be necessary. City Manager Grimes suggested the matterimight be tabled again rather than withdrawn in the event the Planning Commission has sone reason for recommending the passage of an ordinance. 288 288.1 288.2 288.3 288.4 288.5 1-17-84 289.1 Director Johnson, seconded by Orton, made a motion to table the ordinance. Upon roll call the motion passed, 6-0. RECORDS DESTRUCTION 289.2 Mayor Noland introduced a request by the Finance Department for authorization to destroy certain old records and documents which have been microfilmed. 289.3 Director Osborne, seconded by Johnson, made a motion to approve the request. Upon roll call the motion passed, 6-0. 289.4 RESOLUTION NO. 11-84 APPEARS ON PAGE iyy OF ORDINANCE AND RESOLUTION BOOK XV(( THEATER GRANT The Mayor introduced a for authorization to grant, to be matched Theater Program. request by the Parks apply for a $2,625 with $4,928 in city and Recreation Department Arkansas Arts Council funds, for a Children's 289.5 Director Osborne, seconded by Sharp, made a motion to approve the request. Director Orton noted a correction should be made to Attachment #1 of the grant application, where "martial arts" in the last paragraph should read "fine arts". It was confirmed for Director Lancaster that the $4,928 was in the Parks budget, Mayor Noland stating they had received a similar grant last year. Upon roll call the motion passed, 6-0. OTHER BUSINESS City Hall 289.6 Director Sharp noted there are still many problems remaining with regard to the renovation work at City Hall. He stated a letter from the architect includes a request from the contractor for a thirty day extension. Director Sharp asked that a City Hall Committee meeting be scheduled to discuss these problems. Director Osborne asked that five specific topics be addressed: (1) Board Room paneling (2) Railings on third floor (3) Reason for 30 -day extension 1 1 1 1-17-84 (4) When can the building be occupied (5) Pump noise in basement - . The Directors decided to schedule a City Hall Committee meeting for January 18, 1984. Status of Solid Waste Plant • Mayor Noland asked for a status report on the Solid Waste Plant project. City Manager Grimes reported that the staff is "moving ahead" but progress is slow in working with the University of Arkansas because of the frequency of University staff changes. Grimes suggested that Ann Henry might speak to this Board at its next meeting to provide an update. Director Osborne suggested. a resolution be passed, directed to the new University President, advising him that Mrs. Henry has this Board's full faith and support, and that these sentiments be expressed at the University Board of Trustees meeting on January 20. The motion was seconded by Marion Orton and upon roll call passed, 7-0. RESOLUTION RESOLUTIONO. 12-84 WillPEARS ON PAGE 195 OF ORDINANCE R Poplar Street Bridge Mayor Noland introduced a resolution expressing the City's intent to place the Poplar Street Bridge as the next eligible bridge project. 230 290.1 290.2 290.3 Director Johnson, seconded by Orton, made a motion to adopt 290.4 the resolution. Upon roll call the motion passed, 7-0. RESOLUTION NO. 13-84 APPEARS ON PAGE Jq(p OF ORDINANCE AND RESOLUTION BOOK 'VOH Flouridation Director Johnson stated, since January 13, 1981, when the order to proceed with construction of a flouridation facility was approved by the Board, until November when construction was finished (an 11 month period), the flouridation facility had only operated 243 days. Johnson stated, since a problem arose in July, it has taken over six months to resolve it, and it is still not working. Director Johnson stated she would like the Board to be notified when it goes off line within one week and for area dentists to be notified after one month. Johnson stated a local dentist has told her that six months without flouridation (when no supplemental flouride is given).is.a detriment to dental care. Director Johnson 290.5 2B1 1-17-84 291.1 made a motion to change the existing notice procedure to one week for the Board and thirty days for dentists and others to whom the notification is now sent. Director Bumpass seconded the motion. City Manager Grimes explained the Beaver Lake Water District voluntarily notifies the City Engineer and the City then provides any other notification. Upon roll call the motion passed, 7-0. 291.2 Director Osborne stated the Board is entitled to know why the flouridation facility is not working. Director Lancaster suggested this Board request the Board of Directors of the Beaver Lake Water District to consult with their engineer and notify this Board as to whether the facility will or will not work; if it is not going to work, that this Board then pursue correcting the matter. Director Bumpass stated he contacted the engineer, Dick Starr, who states they have been waiting for the delivery of two valves which have been back ordered and they were unable to install them because of freezing weather. Director Johnson stated she had been told the warranties on the equipment had expired before it ever started up. City Manager Grimes noted City Engineer Bunn was contacted by Mr. Starr and the contractor was to have begun work today but did not appear. Street Committee Meeting 291.3 A Street Committee meeting was set for Friday, January 26 at 3:00 P.M. Amendment to Arkansas Constitution 291.4 Director Orton introduced a resolution of Board support for the adoption of an amendment to the Arkansas Constitution to establish four-year terms for State constitutional officers. Director Orton, seconded by Osborne, made a motion to pass such a resolution. Upon roll call the resolution passed unanimously. RESOLUTION NO. 14-84 APPEARS ON PAGE AND RESOLUTION BOOK ki/J Rehabilitation of Dickson Street /97 OF ORDINANCE 291.5 Director Osborne, referring to Director Bumpass' letter which addresses the rehabilitation of Dickson Street, suggested funding for this project be considered at the time any recon- sideration is given to the Community Development Project's Housing Rehab Program budget. Director Osborne asked that Sandra Carlisle look into whether this project might qualify under C.D. projects between now and the next Board meeting. 1 1 1-17-84 Microdata Lawsuit Director Osborne expressed some concerns over the status of the City's lawsuit with Microdata. City Attorney McCord stated he did not think Microdata would increase its offer of $7500. McCord suggested the City could.either accept the settlement offer or refuse it and file a motion for partial summary judgment on the issue of liability. He stated the cause of action the City might prevail on is breach of implied warranty of merchantability; but that the problem is there was an upstream disclaimer from the manufacturer to the dis- tributor and case law is divided on whether that disclaimer is effective as applied to an ultimate consumer. McCord stated the Arkansas Supreme Court has not considered that issue, although there is one case which contains dictum indicating the Court could hold that an upstream disclaimer is effective. McCord stated, however, the risk is if the City loses on the motion for partial summary judgment, Microdata has a complete defense and will withdraw their settlement offer. He stated if the City were to prevail, Microdata might, but would not necessarily increase their settlement offer because of the problems of proving damages and their theory on mitigation of damages. Director Osborne, seconded by Johnson, made a motion to accept Microdata's settlement offer. Upon roll call the motion passed, 7-0. • I Amendment to Master Street Plan Ordinance City Attorney McCord stated an ordinance adopted last September to amend the Master Street Plan had exhibits which were in error, according to Planning Consultant Larry Wood. McCord introduced an ordinance which would correct those errors and 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 unanimously. The City Attorney 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. The City Attorney:read the ordinance for the final time. Upon roll call the ordinance passed unanimously. ORDINANCE NO. 2976 APPEARS ON PAGE O/iY AND RESOLUTION BOOK XV/ OF ORDINANCE 292 292.1 292.2 292.3 2B 1-17-84 Comments from Director Osborne 293.1 Director Osborne stated it came to his attention that the employees would be furnishing the money for purchasing the appliances for the employees' lounge and he stated he thought it would be appropriate for the City to purchase a refrigerator and microwave oven. It was agreed that this would be done. Comments from Mayor Noland 293.2 Mayor Noland stated that Scott Van Laningham, who for years has been covering City Hall news for the Springdale News, is leaving the area to work for The Arkansas Gazette in Little Rock. The Mayor expressed the Board's appreciation for the factual way in which Van Laningham has presented the Board's meetings. Police and Fire Committee Meeting 293.3 It was decided to schedule a Police and Fire Committee meeting for Tuesday, January 31 at 9:00 A.M. to consider revisions on the use of deadly force and to consider applications for mutual aid agreements. 293.4 293.5 293.6 MINUTES The following corrections were made to the Minutes of the January 3, 1984 meeting: 269.5 "6-1" should read "6-0-1" to reflect the abstaining vote. 273.5 "the purchase" should read "the option to purchase" 274.4 Sentence 2: "new resolution" should read "resolution" "does preserve the legal remedies the City might have" should read "might preserve the City's legal remedies" 293,7 274.5 Should read: "City Manager Grimes reported the deadline of December 31st for completing the noise barrier has been met; however, the barrier has not been used. Poles could not be set in frozen ground but an electric generator was available." 293.8 With the above corrections, the Minutes were approved as distributed. 1 1 1 1-17-84 ADJOURNMENT • With no further business before the Board, the.meeting adjourned. at 10:15 P.M. • • • • • 4 • • • A .AP<, 294 294.1