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HomeMy WebLinkAbout1984-10-02 MinutesCO LO W re - CO Mayor Noland called the meeting to order and asked for a moment of respectful silence. MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 2, 1984 at 7:30 P.M. in the Board Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors Bumpass, Johnson, Lancaster, Martin, Orton and Sharp; City Manager Grimes, City Attorney McCord, City Clerk Kennedy; members of the press and audience CALL TO ORDER 1 The Mayor welcomed the Civics class from Ramay Junior High School and journalism students from the University of Arkansas. EMPLOYEE AWARDS The Mayor announced the "Employees of the Month" for September - Harlan Henson, Finance Department; John Dill, Fire Department; and Don Ranz, Water and Sewer Department. The Mayor noted comments from supervisors about the employees' outstanding performance and presented certificates and checks for $150.00 to Henson and Ranz. John Dill was not present to accept the award. BILL OF ASSURANCE/1614 E. HUNTSVILLE ROAD Mayor Noland introduced further consideration of a recommendation from the Board of Adjustment that a Bill of Assurance be enforced on property at 1614 E. Huntsville Road. The Mayor explained the property owner, Jeff Dowers, had been allowed by the Board of Adjustment to build a second principal structure on the condition he execute a Bill of Assurance promising to remove an existing nonconforming shop building if the property were ever "sold, conveyed, or leased"; that after Dowers' death, his estate apparently authorized another party to use the shop building and property "as a caretaker"; that the Board of Adjustment voted on July 16 to enforce the Bill of Assurances; and that the Board of Directors, on August 21, voted to table action until the City Attorney could further research the issue. The Mayor stated 223 ✓ 223.1 223.2 224 October 2, 1984 224.1 the property has now been listed with a realtor and the listing contract states the shop building must be removed at the buyer's expense when the property is sold. 224.2 McCord stated he had received a letter from the attorney for the estate which he distributed to the Board. McCord stated that the issue before the Board, in his opinion, is whether to take any action in view of the fact that the estate has listed the property for sale, with compliance with the Bill of Assurance being a condition of the sale. 224.3 Danny Wright, attorney representing several surrounding property owners, addressed the Board. Wright stated the property owners want to know whether the estate is in earnest regarding compliance with the Bill of Assurance, since the property was not listed for sale until eight months after the death of Mr. Dowers. Wright stated the property owners would like some kind of assurance as to how long the property can remain on the market, (since the burden is on the buyer to remove the shop building) while the "same offensive uses" of the shop building are continued, and while the "night watchman or caretaker" services continue to exist. 224.4 Director Sharp pointed out the Board of Adjustment had ruled that there has been no change of non -conforming use of the shop building. Sharp asked if the property owner could be required to make the duplex into a single family residence in order to conform with the zoning regulations. 224.5 The City Attorney explained the estate could petition the Planning Commission for a "conditional use permit" authorizing the duplex to remain as a conditional use in the R-1 district; and that an alternative would be for the Board to set a time limit within which the property must be sold and, if the Planning Commission does not approve the conditional use or if the structure has not been modified, then the City would proceed to enforce the zoning ordinance. 224.6 Danny Wright explained the neighbors had gone before the Board of Adjustment with two complaints - (1) that the shop building should have been torn down since Mr. Wilson is now using it; that there was an oral lease allowing Wilson to occupy the dwelling as a caretaker in exchange for being allowed the use of the shop building; and (2) that there had been a change of non -conforming use from a mechanical shop to a body shop. Wright stated that, although the Board of Adjustment ruled there was no change in non -conforming use, they did uphold the argument that there was a lease. 224.7 In answer to a question from Director Lancaster, McCord explained there was no conveyance of the property when it passed from Dowers to his estate. McCord clarified that the Bill of Assurance "goes with the land", meaning the requirements of the Bill are "triggered" whenever the property 1s conveyed. McCord also pointed out the Board 1 1 1 225 October 2, 1984 of Directors should make a determination as to whether or not the 225.1 Bill of Assurance has been violated. McCord pointed out that there is a zoning violation on the residence which, if enforced, would probably take care of the problem of the use of the shop and that, in his opinion, the City would have a better case pursuing the zoning violation than the Bill of Assurance. CO Director Bumpass asked if it would overrule the Board of Adjustment m for the Board of Directors to find that there has been a violation of the Bill of Assurance. McCord stated he did not think the Board W of Adjustment addressed the issue of whether there had been a lease, CO conveyance or sale of the property (a violation of the Bill of Assurance). Q Director Lancaster stated he thought action should be taken to clear up the zoning violation. McCord stated the staff is under directives to enforce the City's ordinances, meaning the "caretaker" should be given notice that there is a zoning violation which can be corrected either by modifying the structure or obtaining a conditional use permit for a duplex. 1 After further discussion, Director Orton suggested the Board could state it feels the Bill of Assurance has been violated, and that a time limit could be set within which the shop building must be removed. City Manager Grimes recommended the staff approach the attorney for the estate and suggest the City take bids and provide the administration for the removal of the shop building, provided the estate give either a lien on the property, or some other contractual arrangement, so that when the property is sold the City can be reimbursed for the demolition and removal costs. Grimes stated also the City would pursue the issue of the zoning violation through the Inspection Department. Director Orton, seconded by Lancaster, made a motion to accept the recommendation of the City Manager. Upon roll call, the notion passed, 7-0. Director Bumpass asked if, in the event an agreement cannot be worked out with the estate, it would be possible to intervene and have the court determine whether or not there has been a violation of the Bill of Assurance. McCord stated there is a legal procedure by which a legal determination could be obtained. PUBLIC HEARING/PROPERTY LIEN Mayor Noland opened a public hearing regarding an ordinance authorizing the filing of,a lien against property located at the northwest corner of South Washington and Sixth Street, for which a clean-up fee has 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 226 226.1 226.2 October 2, 1984 not been paid. The Mayor asked if there was anyone present to represent the property owner. There was no response. The Mayor explained the property owner was notified by the City on May 24 to clean up the property and that, when no action was taken, the City caused the property to be cleaned up by a DWI crew on July 28. 226.3 The City Attorney clarified that the statutory notice requirements have been met. The Mayor asked if anyone present wished to speak regarding this issue. There was no response. 226.4 The City Attorney read the ordinance for the first time. Director Orton, seconded by Sharp, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 7-0. McCord read the ordinance for the second time. Director Bumpass, seconded by Sharp, 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 ordinance was read for the final time. 226.5 Director Lancaster commented that he was advised the property owner's contractor showed up to do the work two or three days after the City had already cleaned the property. Lancaster stated he recalled instances where the City gave property owners several months in which to clean up their property. 226.6 Upon roll call, the ordinance passed, 5-2, with Johnson and Lancaster voting in the minority. 226.7 226.8 ORDINANCE NO. 3035 APPEARS ON PAGE BOOK )0i id3_ REZONING PETITION R84-14/CROSSOVER ROAD OF ORDINANCE & RESOLUTION Mayor Noland introduced an ordinance rezoning property, as requested in rezoning petition R84-14, for 5 acres west of Highway 265 North and 300 feet south of Highway 45 East. The Mayor explained the petitioner, George Faucette, Jr., requested a change from C-1, Neighborhood Commercial, to C-2, Thoroughfare Commercial; that the Planning Commission and the Planning Consultant recommended approval of the petition. 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, 7-0. McCord 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 1 227 October 2, 1984 call, the motion passed, 7-0. McCord read the ordinance for the final 227.1 time. Mayor Noland stated that, although he voted against this rezoning at least twice in recent years, he thought the installation of a stoplight and the realignment of the corner by the Highway Department in the near future will help in this rezoning. 227.2 Director Martin pointed out the property appears to be bordered on 227.3 the south by some C-1 zoning which would tend to buffer it from the residential district and is across the street from C-2 zoning. W CO Upon roll call, the ordinance passed, 7-0. 227.4 Q ORDINANCE NO. 3036 APPEARS ON PAGE •.S I OF ORDINANCE & RESOLUTION BOOK yli PUBLIC HEARING/620 S. LOCUST & 1155 S. MAXWELL The Mayor opened a public hearing to provide an opportunity for interested parties to show cause why unsafe and unsanitary structures located' at 620 South Locust and 1155 South Maxwell should not be demolished at the property owner's expense. The Mayor asked if there was anyone present who wished to speak regarding the demolition of either structure. There was no response. The City Attorney stated he had received executed return -receipts to the certified letters which were sent to the owners. The City Attorney explained that, with no public comment, the Board need take no further action and the staff may proceed with the demolition. GREENSPACE ORDINANCE INTERPRETATION Mayor Noland introduced a request for a policy decision on the question of whether the City's "Greenspace Ordinance" should be applied toward a Large Scale Development on a lot in a subdivision which was platted prior to theeffective date of the ordinance. 227.5 227.6 227.7 The City Attorney stated it was his opinion that the City "would have 227.8 a meritorious argument" to enforce the ordinance in this case; that the question is whether the enforcement is good policy. The Mayor explained that the City's Greenspace Ordinance requires subdividers to dedicate land or contribute cash to provide for the city's public parks. The City Attorney clarified that the lots in question are an acre or more in size subjecting them to the Large 227.9 228 228.1 228.2 228.3 October 2, 1984 Scale Development ordinance (which now requires compliance with the Greenspace Ordinance). Director Orton asked at what point in the process the parks dedication or contribution is required. McCord explained the subdivider must comply with the Greenspace ordinance at the time the subdivision is platted. Director Martin commented he thought it unwise and unfair to apply the ordinance to projects which have already passed the point of final plat approval. 228.4 After further discussion, Director Martin, seconded by Johnson, made a motion that the Parks Ordinance not be applied to developments which were platted prior to the Ordinance's effective date. 228.5 Director Sharp asked if any of the Directors thought the Planning Commission should review the issue since the Greenspace Ordinance originated with the Planning Commission. Director Johnson commented that the issue is a policy question for the Board to decide and for the Planning Commission to enforce. 228.6 City Manager Grimes noted that in recent years subdividers have been required to complete improvements within a certain length of time. The City Attorney explained this has been done with a standard subdivider's contract which guarantees compliance with the improvement requirements and, if these are not complied with, the City installs the the improve— ments, at the expense of the developer. 228.7 Upon roll call, the motion passed, 7-0. 228.8 228.9 MASTER PLAN FOR COMBS PARK Mayor Noland introduced a resolution adopting the Master Plan for Combs Park. The Mayor noted a public hearing had been held at the request of the Board. Director Orton, seconded by Buapass, made a motion to adopt the Master Plan for Combs Park. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 113-84 APPEARS ON PAGE 303 OF ORDINANCE & RESOLUTION BOOK )(/)( 228.10 Director Johnson suggested that, in the future, a proposed plan be presented to the Parks Board and to the Board of Directors, after which the public hearing would be held and then a final plan would be presented to the Board of Directors. It was the consensus of the directors that this policy be followed. 1 October 2, 1984 SMITH AVENUE IMPROVEMENTS Mayor Noland introduced a resolution authorizing the City to furnish labor and equipment for the improving (without curb and gutter) of Smith Avenue, north from Markham Road. Mayor Noland commented that Smith Avenue is a very steep, dead-end street and residents have been attempting to have this street improved for several years. CO Director Bumpass, seconded by Johnson, made a motion to authorize the City to furnish labor and equipment for improving Smith Avenue N conditioned on the adjacent property owners paying for the materials. LI -1 Upon roll call, the motion passed, 7-0. CO RESOLUTION NO. 114-84 APPEARS ON PAGE ....3Z15 -OF ORDINANCE & RESOLUTION Q BOOK X 0 x AIRPORT LIMOUSINE RATES Mayor Noland introduced an ordinance amending the City Code by specifying the maximum rates for airport limousine service and the requirements for vehicle liability insurance. The ordinance would raise the maximum fee for airport limousine service from $6.00 to $7.00 and would increase the vehicle liability insurance requirement from $10,000/$20,000/$5,000 to $25,000/$50,000/$15,000. 229 229.1 229.2 229.3 The City Attorney commented that this was "a housekeeping item" to 229.4 make the Ordinance consistent with the existing lease and with statutory requirements. McCord 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, 7-0. McCord 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. McCord read the ordinance for the third and final time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3037 APPEARS ON PAGE 5 3- OF ORDINANCE & RESOLUTION BOOK '/ 11/ TAXICAB INSURANCE The City Attorney introduced an ordinance amending the City Code by increasing the vehicle liability insurance requirement for taxicab operators, noting the new coverage requirement would be the same as 229.5 229.6 230 230.1 230.2 October 2, 1984 that for limousine operators. McCord 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, 7-0. McCord 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. McCord read the ordinance for the third and final time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3038 APPEARS ON PAGE d ii OF ORDINANCE & RESOLUTION BOOK ki\ BID AWARD/MATERIAL SPREADERS 230.3 Mayor Noland introduced consideration of Bid Award #556 for two material spreaders for the Street Department. 230.4 Director Bumpass, seconded by Martin, made a motion to award Bid 1556 to the low bidder, Aces Equipment, in the amount of $11,591.88. Upon roll call, the motion passed, 7-0. BID AWARD/VEHICLE LIFT 230.5 Mayor Noland introduced consideration of Bid Award #599 for a vehicle lift for the City Shop. 230.6 Director Bumpass, seconded by Lancaster, made a motion to award Bid 1599 to B -Auto Supply, for $3,319.92. Upon roll call, the motion passed, 6-1, with Director Johnson voting in the minority. 230.7 Purchasing Officer Mackey explained a budget adjustment would be needed in this case, for $2,170.00. Director Sharp, seconded by Orton, made a motion to approve the budget adjustment. Upon roll call, the motion passed, 6-1, with Director Johnson voting in the minority. COMMUNITY DEVELOPMENT BUDGET REVISIONS 230.8 Mayor Noland introduced a request for revisions to various Community Development Block Grant budgets to close out completed projects. The Mayor explained the request includes a recommendation that surplus 1982 and 1983 contingency funds be transferred to Children's House 1 231 October 2, 1984 in the sum of $112,488.31 and that $14,689.02 be added to the Housing 231.1 Rehabilitation budget. Director Johnson commented that the Board had never determined the total amount to be allocated to Children's House and noted that $50,000 had been allocated last year and $20,000 the previous year. Johnson stated she thought the proposed total of $185,000 was too much. CO C.D. Director Sandra Carlisle addressed the Board. Carlisle explained that her recommendation was based on the fact that there was an overage of unspent funds which could, at the Board's discretion, be applied W to Children's House. Carlisle also pointed out the estimated $30.00 per square foot for building costs does not include paving, fencing, utilities, architectural fees, kitchen equipment, etc. After further discussion, Director Johnson made a motion that the total amount to be allocated to Children's House be $150,000, with the remainder of the surplus funds to be allocated to the street projects. 231.2 231.3 231.4 Janet Richardson, Director of SCAN, pointed out that the new facility 231.5 will also be used for SCAN which serves about 45 families. After further discussion, Director Sharp seconded the motion. 231.6 Carlisle stated the 1985 C D budget will be planned in late November 231.7 as C.D.'s fiscal year has now been changed to a calendar year. Director Martin asked if upward adjustments could still be made, if these were found to be necessary. Carlisle stated this could be done with 1985 funds. In answer to a question from Director Lancaster, Carlisle explained that SCAN and Children's House serve families in Washington County, not just Fayetteville, and that they receive financial support from the Quorum Court and United Fund. Director Lancaster asked the City Attorney whether the City of Fayetteville can contribute to an organization which also serves non—Fayetteville citizens. McCord pointed out that the expenditure has been approved by the Department of Housing and Urban Development whose regulations regarding how federal funds may be expended are "very comprehensive". Janet Richardson stated Children's House and SCAN requested funding from the City of Springdale and she felt that Springdale would have been more amenable to contributing funds were the facility to be located closer to Springdale. Richardson noted Springdale's Finance Committee is presently considering their request for $3,000 to $4,000 in funding. 231.8 231 9 23.10 231.11 Upon roll call, the motion passed, 7-0. 231.12 232 October 2, 1984 232.1 Director Orton, seconded by Johnson, made a motion to accept the Cossanity Development Director's recommendation to transfer $80,000 of contingency funds to Children's House for a total of $150,000 in funding; to add $14,689.02 to Housing Rehabilitation; and to allocate $152,630.46 to new streets and engineering. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 115-84 APPEARS ON PAGE 3a o OF ORDINANCE s RESOLUTION BOOK )( IX EMPLOYEE ASSISTANCE PROGRAM 232.2 Mayor Noland introduced a resolution authorizing the execution of a one-year agreement with Organizational Resources, for the establishment of an Employee Assistance Program. The Mayor explained two bids had been submitted and Organizational Resources proposed the least cost for their services. 232.3 In answer to a question from Director Orton, Dr. Kay Schriner explained the average stay (for alcoholism treatment) at an approved treatment center is 28 days. Schriner explained, in addition to supervisor training and policy development, she provides "assessment, referral and follow-up services on an ongoing basis to troubled employees". Schriner noted the cost of treatment is the responsibility of the employee. 232.4 Director Johnson commented that the Board never determined that the program was necessary for the employees. Johnson expressed reservations, stating the results of a wage and salary study are still pending and this program has not gone through the budgeting process. Johnson stated she would like to see this proposal considered in next year's budget. 232.5 Director Orton stated the Board asked for proposals to be submitted but she did not think the use of "specifications" appropriate for such a program. City Manager Grimes explained the specifications had to be written in order to compare proposals. Grimes also explained that the program was presented to the Board as a result of the City having been contacted by one of the firms. Grimes commented that, in exchange for an expenditure to the City of $1700, there could be great benefit to employees who may have problems affecting both their jobs and their families. Grimes explained that the program would provide training for supervisors on how to recognize employees with problems and how to encourage the employee to seek help. 232.6 Mayor Noland suggested some evaluation be made to show the effectiveness of the program at the end of a year. 1 233 October 2, 1984 Director Bumpass made a motion to budget funds in 1985 for a one-year 233.1 program. In answer to a question from Director Lancaster, Purchasing Officer Mackey explained the City employees' health insurance policy includes $4,000 per person maximum coverage per year for "eligible expenses due to psychiatric or alcoholic -related problems". The motion was seconded by Director Lancaster. LO 233.2 Director Orton commented that, after one year, the program should 233.3 W be evaluated in light of how it might affect the City's health insurance CO rates, and questioned whether there might be a conflict of interest Q in that Charter Vista (where employees could be referred for treatment) is a hospital. Orton also suggested that next year proposals be sought rather than putting out specifications for bids. 1 In answer to a question from Director Lancaster, Dr. Schriner explained that Organizational Resources is an affiliate of Charter Vista Hospital but clarified that the program's purpose is not to funnel referrals to Charter Vista. Schriner stated she makes referrals to twenty or thirty different places in Northwest Arkansas. 233.4 Upon roll call, the motion passed, 7-0. 233.5 RESOLUTION NO. 116-84 APPEARS ON PAGE 3 agi OF ORDINANCE & RESOLUTION BOOK w i X OTHER BUSINESS Wastewater Treatment Project/EPA Assistance Agreement Mayor Noland introduced consideration of approval of an Assistance 233.6 Agreement with the EPA for Phase 1 of Step 3 in the City's Wastewater Treatment System Improvement Project. City Manager Grimes pointed out that approval of the agreement should 233.7 be subject to satisfaction with the pilot plant portion. Director Johnson made a motion to authorize the City Manager to sign 233.8 and mail the Assistance Agreement with the EPA. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 117-84 APPEARS ON PAGE 358 OF ORDINANCE & RESOLUTION BOOK Kix 234 October 2, 1984 Street Improvements/Clarification 234.1 Mayor Noland introduced a request that the Board review the minutes of a July 3rd Board meeting to clarify whether it was the Board's intent that Jeremy Hess was to provide labor and materials, or only the materials, for building the north alley (from the exit to Leverett). 234.2 Mayor Noland, seconded by Johnson, made a motion to amend the minutes of the July 3rd Board meeting to reflect that the Board's intent was for Mr. Hess to purchase the materials only (with the City providing the labor) for Caraway Street; that Mr. Hess would be responsible for both materials and labor for the alley. Upon roll call, the motion passed, 7-0. Highway 71 Relocation Resolution 234.3 Mayor Noland introduced a resolution which would support the construction of a "four -lane interstate route from the U.S. Highway 71 By-pass southern interchange in Fayetteville to Interstate I-40 near Alma/Van Buren". 234.4 In answer to a question from Director Orton, the Mayor explained the resolution was drafted by the City Attorney at his (the Mayor's) request. Orton noted the Arkansas State Highway and Transportation Department will hold a public hearing on October 16 to discuss different proposed routes. Orton also stated she thought there should have been more than one environmental statement provided for the benefit of the Fayett- eville citizens. 234.5 Director Sharp pointed out the resolution is being considered under "Other Business" and in his opinion, if the Board decides to take a stand on this issue, the resolution should have been considered as part of a regular agenda so that the public could have been made aware that the issue was going to be discussed. Sharp stated he could not vote for a resolution whose wording contains a starting and stopping point for the route, with there being no public input. 234.6 Director Bumpass asked that the resolution be read. The City Attorney read the resolution. 234.7 With several Directors expressing agreement that U.S. Highway 71 between Fayetteville and Alma is hazardous, it was generally decided to consider a resolution with a change in its wording. 234.8 A motion was made by Director Johnson, and seconded, that the wording of the resolution be changed, in the first and sixth paragraphs, to read: "...construction to insterstate standards of a highway having a minimum of four lanes from Fayetteville to Interstate 1-40 near Alms/Fan Buren." 1 1 235 October 2, 1984 Lloyd Calvin addressed the Board, stating he was a Fayetteville citizen 235.1 and had received a copy of a petition in support of the construction along with a map which shows that the existing Highway 71 is not being considered as a possible route for the new highway. Upon roll call, the motion passed, 5-2, with Directors Orton and Sharp 235.2 voting in the minority. (Q RESOLUTION NO. 118-84 APPEARS ON PAGE 374' OF ORDINANCE & RESOLUTION BOOK AIX WDirector Orton noted that a booklet from the Highway Department and 235.3 a map is available for review in the City Manager's Office in the GO City Administration Building. Director Bumpass noted the public hearing on the highway will be held on Tuesday, October 16th at 7:00 P.M. in the Van Buren High School cafeteria. Dedication Announcement Director Orton announced that the City of Fayetteville received an invitation to the formal dedication of a training facility for a waste energy power plant (owned by a community college district in Susanville, California) which was built by the same company which will build Fayett- eville's Resource Recovery Plant. Gregg Street Project Director Sharp spoke in reference to Bob Brandon's comments made at the last Board meeting where he expressed concern over the widening of Gregg Street south of the North Street intersection. Sharp explained that, when he was in Little Rock, he looked at the Highway Department's plans for that project. Sharp explained those plans include four lanes on Gregg north of North Street and two lanes on Gregg south of North Street, with a "funnel-like" place for the transition from four lanes to two lanes, with an island in the middle, which Sharp stated he thought would discourage traffic going into the Park because it will be much easier to turn at that intersection than it will be to go through. Nominating Committee Recommendation Director Johnson reported that the Nominating Committee recommends appointments to the Electrical Licensing Board, of Oscar Titus to the position previously held by John Ambrose (expiring October 1, 1986); and of Jim Burkett to the position previously held by Oscar Titus (expiring October 1, 1986). 235.4 235.5 235.6 Director Johnson, seconded by Bumpass, made a motion to adopt the 235.7 recommendation of the Nominating Committee. Upon roll call, the motion passed, 7-0. 236 October 2, 1984 Auction Report 236.1 City Manager Grimes reported that approximately 350 persons attended the City Auction which was held on September 28; that 260 persons signed up to bid on items; and over $71,000 was taken in on sales (the largest amount ever received at a City auction). Grimes thanked the media for their assistance in providing publicity for the auction. Drake Road Lawsuit 236.2 City Attorney McCord reported that a lawsuit had been filed concerning the proposed extension of Drake Road. McCord stated one allegation in the suit is that the Planning Commission did not properly consider the proposed extension since the area in question has developed to the extent it has since Drake Road was first placed on the Master Street Plan in 1970. McCord asked if the Board thought it necessary or proper to refer the proposed extension back to the Planning Commission for further consideration. 236.3 Mayor Noland stated it was his opinion that the Board is simply accomo- dating the plan as developed by the Planning Commission. 236.4 It was agreed that the record should reflect that the Board gave con- sideration to the existing development and is of the opinion that the existing Master Street Plan should be implemented. 236.5 In answer to a question from Director Lancaster, the City Attorney stated he would consult with the Street Superintendent and the City Manager and he anticipated wording a temporary restraining order to state that the City would construct curb and gutter up to the existing radii of the streets in the Bishop Addition, so that there will probably not be an increase in construction costs. 236.6 The City Manager stated the project will be able to proceed and the only question will be whether or not the streets in the Bishop Addition will be cul-de-sac'd or tied in to Drake Road. MINUTES 236.7 The following corrections were made to the minutes of the September 18th meeting: 212.1 "two-lane extension of Drake Road" should read "four -lane.." 213.1 Change the last sentence in this paragraph to read: "The Mayor also commented that a four -lane bridge south from North Street (brought up by Brandon) is not on the 85-89 Transportation Improvement Program." 1 1 October 2, 1984 217.1 "Ruckelshouse" should be "Ruckelshaus" 222.3 Change the first' and last sentences to read: "The executive session began at about 11:40 P.M." "The executive session ended at about 12:25 A.M." With those corrections, the minutes were approved as circulated. ADJOURNMENT 237 237.1 237.2 With no further business before the Board, the meeting adjourned at 237.3 about 10:25 P.M. 1 • •