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HomeMy WebLinkAbout1986-06-03 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS 164.1 A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, June 3, 1986 at 7:30 p.m. in the Directors' Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Noland; Directors'Bumpass, Hess, Johnson and Lancaster; City Manager Grimes, Department Directors Burch and Coates, City Attorney McCord, City Clerk Kennedy, members of the press and audience. ' ABSENT: Directors Martin and Orton CALL TO ORDER 164.2 The meeting was called to order by the Mayor, with five Directors present. The Mayor asked for a moment of respectful silence. REPORT TO THE PUBLIC 164.3 Mayor Noland welcomed City Manager Don Grimes upon his return from a 6 -month educational sabbatical. Grimes presented the monthly Report to the Public and Board, touching briefly on some highlights of the sabbatical. 164.4 Grimes explained his sabbatical schedule which was approved by the Board included attendance at a seminar each month and visiting cities chosen for having a reputation for being progressive and innovative. Grimes noted he was provided a list of cities from the International City Managers Associ- ation and from Arthur Young and Company. 164.5 Grimes reported that in December he attended seminars in Orlando, Florida on Downtown Revitalization and visited the City of Jacksonville, Florida and the City of Savannah, Georgia (which has a reorganization and budgeting process in place similar to that of Fayetteville). 164.6 Grimes reported that in January he attended a seminar in Topeka, Kansas, on Understanding Human Behavior and Motivation, conducted by the Menninger Foundation on Behavioral Sciences, and visited the City of Lawrence, Kansas. He reported a visit to the City of Overland Park, Kansas which has computerized traffic signalization and computerized emergency dispatching. Grimes reported he visited the City of Liberty, Missouri which had rehabilitated its downtown area. June 3, 1986 Grimes reported that in February he attended a seminar titled' New Times -New 165.1 Strategies conducted by the LBJ Institute at the University of Texas at Austin, and visited Wichita Falls, Texas to observe their disaster preparedness program. Grimes said he visited Arlington, Texas and was impressed with their computerization. Grimes reported that in March he attended an American Management Associ- ation seminar in Atlanta, Georgia on strategic planning, arid visited the City of Virginia Beach, Virginia which has a computerized mapping system of all land parcels within the city. Grimes reported he visited the City of Charlottesville, Virginia, a community similar to Fayetteville. Grimes reported that in April he attended an American Management Associ- 165.3 ation seminar at Newport Beach, California on interpersonal skills. Grimes noted the City Manager of Newport Beach has 13 department heads reporting directly to him and is considering a restructure similar to Fayetteville. Grimes reported he visited the City of Santa Ana, California, a very large and complex community. Grimes said he visited the City of Tempe, Arizona which has a new employee performance evaluation system which was developed with input from employees. Grimes said their Police Department videotapes the booking process for'all DWI and major offenses, used by the Judge during court proceedings. Grimes reported he is working on a correspondence course, The Effective Local Government Manager. Grimes commented that he needed the sabbatical, enjoyed it and intended to prove it was a good investment. Grimes stated he planned to work very closely with the three department directors as a team and planned to lean heavily on them. He said the City needed the reorganization and commented that, with 13 department heads and several sub -heads reporting directly to him, he had gotten pulled down into the day-to-day operations over a long period of time and did not have time to do anything else. Grimes said he planned to spend about half his time in the office and half of his time communicating -- spending more time with Directors, civic groups, other governments, industrial and business people in the community, as well as getting out in the field with the employ- ees. Grimes remarked that a reorganization can be painful while it is going on but is very common in municipal government. Grimes noted that, in most places, it happens every three to five years, and is a good thing over the long term. 165.2 Mayor Noland thanked the citizens of Fayetteville who voted on May 27, . and especially those voters who chose to maintain the City Manager form of government. 165.4 165.5 SESQUICENTENNIAL PRESENTATION A presentation was made to entrants in a Sesquicentennial essay contest. 165.6 Presenting certificdtes and cash prizes to junior high school students June 3, 1986 166.1 were Director Marilyn Johnson, local representative on the Sesquicentennial Committee, Tom Lavender, Commander of the American Legion, Post 27, and Joanne Livesay, representing the Auxiliary. • 166.2 Director Johnson reminded citizens that the Music Festival would begin their celebration later this month and she urged participation in this Sesquicentennial event. ALLEY CLOSING 166.3 The Mayor introduced further consideration of a request for an ordinance abandoning and vacating a 20' north/south alley between Eagle and Cleveland Streets, west of Leverett Avenue; tabled at the May 20 meeting in an attempt to accommodate an objection from an adjacent property owner regarding a drainage problem. 166.4 City Attorney McCord noted correspondence in the agenda reflects that the objection has been satisfied and he read the ordinance for the first time. Director Bumpass, seconded by Johnson, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the second time. Director Bumpass, seconded by Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. 166.5 In answer to a question from Director Bumpass, the City Attorney clarified that an easement would be reserved. 166.6 The Mayor asked if anyone present wished 'to speak against the ordinance. No public opposition was expressed. Upon roll call, the ordinance passed, 5-0, with Directors Martin and Orton absent. ORDINANCE NO. 3188 APPEARS ON PAGE XXIV /4 OF ORDINANCE & RESOLUTION BOOK REZONING/FAIRVIEW & BUCHANAN 166.7 The Mayor introduced an ordinance rezoning .6 acre of property, located south of Fairview Street and west of Buchanan Avenue, from P-1 "Institutional" to R-2 "Medium Density Residential". The Mayor pointed out that, although the petitioner, A. Jan Thomas, Jr., originally requested rezoning to R-3 "High Density Residential", the Planning Commission voted, 9-0, to recommend approval instead to R-2. 166.8 , 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 June 3, 1986 : ,on ,second;, -reading;.;•; Upon;. roll call; ; the- .motion passed.57.0,... The ordinance was read for the second time. Director Bumpass, seconded by:sJohnson, made a motion to further suspend the rules, -and! place the !ordinance on its third andifinal; reading:,f:Upon rolls tally the.:•motion:passed.; 570: :.The ordinance was read for the third time. ` The Mayor; -asked .:if anyone -.present ,wished oto .speak ;agaiinst the .ordinance. No public opposition was expressed and, upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3189 APPEARS ON PAGE 02 o XX1.✓ OF ORDINANCE & RESOLUTION BOOK REZONING/HWY 265 &,WHIPPOORWILL The Mayor introduced an ordinance rezoning 1.5 acres west of Highway 265 ,at :;Whippoorwill-: Lane, from -R-1 "Low Density Residential".:,to : P-1 :;',Insti- tutional". The Mayor noted this rezoning was requested by..,the;?Arkansas Conference Association of Seventh -day Adventists. The Mayor reported the ,,Planning Commission.recommended the rezoning.by,a.,9-0 vote. 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, 5-0. The ordinance was read for the second time. Director Bumpass, seconded by Hess, made a motion to further suspend the rules and place the ordinance on its third and final ,reading.; Upon roll call,, ,,the motion, ,passed„ .570,,,. The.,ordinance was read for the third time. The Mayne;,;asked At -,:anyone ;preseut;fished:;to ,There i being „no-,publio,opposition .,expressed;,_ ordinance ;passed,,:5-0.. Speak.;:againstt,the1ordinance. the:.roll•-was-<called-lend. the ORDINANCE NO. 3190 APPEARS ON PAGE 022, OF ORDINANCE. & RESOLUTION BOOK Xxr✓ ARCHEOLOGICAL SITE PROTECTION The Mayor introduceda.request,from the State. Archeologist for documentation concerning a commitment from the City to protect certain portions of the :,archeological site located on the sludge management site.; The Mayor noted the following methods of protection are proposed: Lateral lipes;!in;the•site,;will.be relocated.;or eliminated;,_•, - The contractor will be denied access ,to the area; 1 167.1 167.2 167.3 167.4 167.5 167.6 167.7 1UB June 3, 1986 - A suitable grass cover will be planted over the entire site; and - The location and protection of the site will be addressed in the Sludge Management System Operation and Maintenance Manual 168.1 In answer to a question from the Mayor, the City Attorney said the adoption of a resolution incorporating those four points would be appropriate 168.2 Director Lancaster expressed concern regarding potential costs to the City for maintaining the site as proposed. Lancaster suggested giving the property to the State of Arkansas. The City Attorney stated he thought the principal concern of the State Archeologist is that none of the artifacts be disturbed during the evaluation process and, after the excavation is completed, the maintenance requirements appear to him to be nominal McCord suggested the staff consult with the Archeologist regarding the possibility of deeding the property to them and at the same time, the staff pursue the extent of the long-term maintenance costs and report back to the Board. 168.3 Director Johnson, seconded by Bess, made a motion to approve a resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 58-86 APPEARS ON PAGE /6,4 OF ORDINANCE & RESOLUTION BOOK XXV0 COLLECTION SYSTEM CONSTRUCTION 168.4 The Mayor introduced consideration of the award of bid and a resolution authorizing the Mayor and City Clerk to execute a contract for construction of the City's collection system improvements for the Wastewater Treatment Plant. The Mayor reported the low bidder to be Garney Companies, Inc., submitting a bid of $6,780,392.46. The Mayor pointed out the bid is above the project estimate but is recommended by the engineering consultant. The Mayor clarified that the project would include the construction of the Mud Creek outfall pipeline. The Mayor noted that the Beaver Lake Advisory Committee has unanimously suggested the City proceed with the construction of theoutfall line, even though the City does not have a discharge permit from the E.P.A. The Mayor reported that the State DPCE has said it would support the City's efforts to obtain the EPA permit for the discharge into Mud Creek. 168.5 Director Lancaster made a motion to approve a resolution authorizing the Mayor and City Clerk to execute the contract. Lancaster commented that this is the system which was promised the people when they voted for the one -cent sales tax to finance the project. Director Johnson seconded the motion. 168.6 Director Bumpass stated he thought an explanation was owed to the public as to why the bid amount is approximately $1 million over estimate. John .011- IGa June 3, 1986 Quinn, speaking for McClelland Consulting Engineers, explained there were 169.1 two facets to the work -- the pump stations. and ,the,line, work..,, Quinn said the estimate for the line work was extremely close to the. :bid price and that the major difference in the total project cost resulted from a higher bid .price for the pump. stations. than .the,_,estimate. _Quinn explained the scope of the work changed during the design process. Quinn said the engineers feel they wou,ld., not receive_ a , better price for the line work. if, it were re-bid,and pointed.out.the City,must,have the line work completed by:January 1, 1987. In answer to a question from Director Hess, Quinn said that the engineers 169.2 probably• underestimated., the costaf materials, ;but pointed,•.out, that the bid..documen_ts ,included a. statement, that, if.the contractor did. not complete the work by the deadline date,,, he would. assume liability for•damages incurred by the City. Quinn said he thought this may also have affected, the bid prices. In answer to a question from Director Bumpass, Quinn said that expenditures 169.3 relating to the Mud Creek outfall line would amount ,to about:$6Q0-800,000. Quinn said there will be a sampling station located at the end of the outfall where it empties into Mud Creek. In answer to a question from Director Hess, Dennis Sandretto of CH2M Hill 169.4 said the expenses for the pump station are eligible for federal funding of 75% of whatever grant money is available to the City. Director Bumpass remarked that treated effluent will run through some of 169.5 _the most affluent neighborhoods in ._Bumpass he thought that, first of all, that was a risk ,and. secondly, it, serves, as a level of confidence .the City ,has in the quality of the treated_ effluent it has been, promised. Director Lancaster commented that when the City finally decided upon the split -flow system, it won the support of Northwest Arkansas. Lancaster said he feels the City will lose that support if it doesn't continue with the project. Upon roll call, the motion passed, 5-0.. 169.6 R£$OLUTION,;NO.,.59-86, APPEAR$, ON PAGE J �,7 • OF,ORDINAN_CE 6 RESOLUTION BOOK XXVI(.�. r SANITARY LANDFILL CONTRACT , The Mayor introduced consideration of the award of Bid 1/685 for a sanitary 169.7 landfill contract. The Mayor reported two bids were received -- Northwest Arkansas Waste Management, Inc. submitting a monthly bid of •$10,635 and Sunray of Arkansas, Inc. submitting a monthly bid of $16,910.85. 1'r 0 • June 3, 1986 170.1 Director Bumpass, seconded by Lancaster, made a motion to award the contract to the low bidder. 170.2 Director Hess noted there were a number of violations for both bidders but noted that the most recent violation issued to the low bidder was that of transporting solid waste in. equipment that is not enclosed. Hess asked if most of the rest of the violations had been corrected. A member of the audience speaking for Northwest Arkansas Waste Management responded affirmatively and also stated that the recent violation had been corrected. 170.3 Director Lancaster asked the City Manager if he concurred, noting that in the past some research had been done regarding the mileage differences between the two landfill sites. City Manager Grimes responded that the mileage was similar between the two sites -- that there has been concern expressed in the past about the proximity of the landfill to Beaver Lake but that there have been no problems in that regard. 170.4 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 60-86 APPEARS ON PAGE 17 / OF ORDINANCE & RESOLUTION BOOK XXVI! V.A ACCESS ROAD 170.5 The Mayor introduced consideration of the award of bid for a construction contract for an access road from the V.A. Medical Center grounds to North College Avenue. The Mayor reported that the Veterans Administration has contracted with the City to do the work and that the low bidder was McClinton - Anchor, bidding $98,002.75. 170.6 The City Attorney explained that he had originally been requested to draft a contract for the construction phase of the project but later was advised that the V.A. staff was drafting a contract for his review. McCord recommended the Board authorize the construction contract subject to approval of a satisfactory contract with the Veterans Administration regarding cost reim- bursement and contract supervision. 170.7 Director Lancaster, seconded by Johnson, made a motion to approve a resolution. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 61-86 APPEARS ON PAGE /1/ OF ORDINANCE & RESOLUTION BOOK 170.8 Michael Flynn, Manager of Evelyn Hills Shopping Center, was present. He requested the construction be expedited, and that the part of the road which would meet up with the shopping center be built first. The Mayor suggested Flynn talk with Public Works Director Burch regarding working with McClinton -Anchor to see that this is done. June 3, 1986 YORKTOWN SQUARE SUBDIVISION The Mayor introduced a request from Director Johnson that the Board consider 171.1 hearing an appeal from a decision of the Planning Commission to approve the preliminary plat of Yorktown Square Subdivision. The City Attorney explained the ordinance requires a majority vote of the 171.2 Board of Directors for the appeal to be heard. Director Johnson explained she filed a 'Notice of Appeal with the City Clerk 171.3 today because when she read the Planning Commission's minutes it was difficult for her to determine. whether or not there was adequate ingress and' egress to the subdivision. Director Bumpass, seconded by Johnson, made a motion to hear the appeal. 171.4 Upon roll.call,'the motionpassed,.5-O. . The Mayor explained the preliminary plat was approved by the Planning Commission on May 27 by a vote of 5-4. Noland said the Board had received correspondence from some members of the Commission regarding this item, and most Directors have received calls from residents in the area Noland said he thought there were two major issues -- concern among citizens that there be a second access as the project develops and, secondly, concern about traffic safety on Stubblefield Road. Director the plat of Phase plat for Phase 2 egress. 171.5 Johnson noted that Commissioner Green, in his motion to approve 171.6 as presented, made no mention of ingress and egress or division 1 from Phase 2. Director Johnson moved to grant approval of the Phase 1 only and to instruct the Planning Commission to approve only if there are one or more additional points of ingress and Director Hess seconded the motion. In answer to a question from Director Hess regarding the legal possibilities 171.7 of an access point to Masonic Drive, the City Attorney said there is precedent for the City exercising its power of eminent domain to condemn right-of-way for a public street to provide access to a subdivision, with the developer reimbursing the city for condemnation costs,, and paying for the costs of constructing the street. It was clarified that the streets within the Summerhill Addition are public streets. Wade Bishop, developer of Yorktown Square, commented that it was unreas- 171.8 onable to expect him to change the street configuration, maintaining that the entire, layout must be designed before plans can be made for utility systems. McCord clarified that, according to the motion, the final plat for Phase 2 would not be approved until the developer made provisions for construction of additional ingress and egress, as reflected on the preliminary plat. Director Hess stated his intent in seconding the motion was never to change the street configuration, just that there be another means of ingress and egress where street stubs, are already shown. 1_ • June 3, 1986 172.1 Director Bumpass asked Bishop what he understood his contribution to be for Stubblefield Road improvements. Bishop stated he understood that, when requested, he would be required to bring the north half of the road up to City specifications, including curb and gutter and storm drainage. Bishop said this would not include a sidewalk, as the Master Plan shows the sidewalk to be required on the other side of the street. 172.2 Bishop said he thought it most unusual to approve only the first phase of the plat. The City Attorney stated it was very common for a developer to request approval of a subdivision in phases. McCord clarified that Bishop had not made such a request but had obtained Planning Commission approval of the preliminary plat for the entire subdivision. 172.3 Mel Milholland, engineer for the subdivision, stated he thought the preliminary plat for the entire subdivision should be approved, as far as the street layout is concerned. Milholland asked for time to discuss the question of an additional ingress and egress point with Bishop. The City Attorney stated he saw no problem with the motion being modified to approve the preliminary plat for the entire subdivision, with the request to the Planning Commission that final plat approval be contingent upon the developer providing at least one, if not two, additional points of ingress and egress at such time as Phase 2 is ever developed. Milholland and Bishop left the meeting to discuss the issue before the Board. 172.4 Planning Commissioner Stan Green told the Board that four Planning Commissioners were satisfied with the plat as it was approved. Green said he thought a minority of the Planning Commissioners feel the second ingress/egress is necessary before Phase 2 is approved. 172.5 The City Attorney asked if the Planning Commission had an established policy that a subdivision shall have one point of ingress and egress for each forty houses. Green said the Commission did not have such a policy. Green said the Commission approved four or five phases of the Park Place Subdivision, including more than 100 living units, with one point of access off Highway 45. Green said the Commission made it clear that before any additional phases could be approved, it would expect that a provision be made for gaining access to Highway 265. Green said there is only one ingress/egress into the Lovers Lane/Canterbury subdivision which contains about 60 lots. Green said he has observed that many people prefer to live on cul de sacs and don't wish to live in a subdivision which has a lot of through streets. Green said in his opinion the Planning Commission did not have a precedent for preventing this subdivision from being approved. Green said he thought four Commissioners felt the plat as presented provides for additional ingress and egress in the future, because of the street stub -outs shown on the plat. Green said four Commissioners did not feel the number of units proposed present a safety hazard. Green added that the four Commissioners who signed a letter to the Board felt the Planning Commission had addressed the issue adequately and did not feel an appeal should be heard by the Board. June 3, 1986 Director Bumpass, pointed out that additional subdivisions could be built 173.1 to the north or east of Bishop's subdivision which would compound the access problem. Director Lancaster pointed out that any plat can be approved as it is presented but suggested to Green that, as a planner, he should also consider a develop- ment's place in the future. 173.2 Director Hess suggested it would help if there were an ordinance which 173.3 would specify a number of ingress/egress points in relation to the number of dwelling units in a subdivision. Green stated he did not think .that was necessary because he didn't mind making the judgment in each case. the City Attorney remarked that -the subdivision regulations now require that the streets be designed to provide safe vehicular and pedestrian traffic. McCord said he thought that standard was sufficient for the Planning Commission to exercise its discretion based uponthe topography of a _given area and the layout of a particular'subdivis'ion. ` Milholland said if the motion passed, Bishop would be required to subdivide 173.4 another tiact of land before he completes Phase 2 of the` subdivision at issue. Milholland asked`if the Board would approve the whole layout if there is a guarantee of another point of ingress and egress when part of Phase 2 is'con`structed. The City :Attorney 'advised that 'the 'Board could approve the preliminary plat foi the' entire subdivision with approval' of the final plat to be contingent upon the developer providing a second point of ingress and. egress „satisfactory to,(the_ Planning. Commission. It was agreed that such' a 'mo€i on would liave' the same°meaning as f the 'mo't�i on .made by Director Johnson. Director Johnson, with Director Hess agreeing, rephrased her motion — 173.6 that preliminary approval be granted for Phase 1 and 2, With final approval conditioned upon another point of ingress/egress to an existing street for Phase 2. Jim Boyd addressed the Board, remarking that the citizens of Fayetteville 173.7 have not been heard on this issue. Boyd said it appeared to him that the Planning Commissioners were already divided when this issue came up, that they didn't want to hear from the citizens, but pretended to listen, and then voted as they had already decided. Boyd said it was apparent that Commissioner Green had become an advocate for the subdivision, and did not appear to be representing the Planning Commission.'' Boyd asked the Directors not to allow themselves to become emotionally involved in this case, and not to take a position for reasons other than for the good of the citizens of Fayetteville. ' Boyd commented that Stubblefield Road is dangerous now, is narrow and has 173.8 big ditches on both sides. Boyd said 'if the 'Subdidision'is• built 'with 80 houses, one access, and no -improvements to' S'tubblefield', children will .be crippledand killed as a direct result., The Mayor commented that there would only be about 32 homes built' as a"result bf Phase . 1','' poi`nting out June 3, 1986 174.1 that the motion before the Board would mean that, before Phase 2 can be completed, another point of ingress and egress must be provided. Boyd remarked that there was no plan for a park or recreational spot for the people of the subdivision. 174.2 Wade Bishop maintained that 40-50 citizens attended the public hearing on this subdivision and those speaking were heard with compassion and sympathy by the Planning Commission. Bishop explained that he was required to pay a parks fee in lieu of dedicating land for a park, and that there wasn't a minimum size lot in the subdivision. Bishop suggested that residents form an improvement district to make a safe street. Bishop commented that remarks about Commissioner Green being an advocate for the subdivision were unkind. 174.3 Grant Smart, resident on Stubblefield Road, expressed concern that there be suitable ingress and egress maintained. He described hazards of driving on Stubblefield. In answer to a question from Smart, the Mayor said that Wade Bishop would be required to improve about 700 feet of the road Director Johnson pointed out that a Bill of Assurance has been recommended, that Bishop would pay for his share at such time as the City decides the entire road should be improved. Smart also said it would ease the feelings of some people if a privacy fence could be installed, since the layout is such that the back door of the houses will be facing the front doors of houses on Stubblefield. 174.4 Director Lancaster moved to amend the motion to state that, if it is agreeable with Wade Bishop to open an access onto Masonic, the City obtain the right- of-way for the street to Bishop's property to the north; and to authorize Stubblefield Road to be presented before the Street Committee to build what improvements are necessary to correct the hazards. 174.5 Director Johnson said that, although she felt the Board was obligated to provide for another access, she did not think the Board should decide the point of access. 174.6 There was no second to Director Lancaster's motion. 174.7 Jerry Seiff, resident of the of blockage of the one road not have access. area, expressed concern that, in the event to the subdivision, emergency vehicles may 174.8 Dr. John Vinzant, resident on Summerhill, told the Board that Butterfield School had just been depopulated and that this additional housing will repopulate the school which has no plans for expansion. 174.9 Director Johnson 'rephrased her motion — to approve the preliminary plat for Phases 1 and 2 of this subdivision and to instruct the Planning Commission that, before final approval for Phase 2 is granted, another point of ingress and egress be made to an existing street. Upon roll call, the motion passed, 5-0. June 3, 1986 Director Hess asked that the staff appraise Stubblefield Road.• .Bumpass 175.1 spoke in favor of the area residents and the City participating in an improve- ment.district.1 Hess suggested the staff provide information on costs. OIL & GAS LEASE The Mayor introduced a request, from I -AM -CO for approval of a three-year 175.2 oil and gas lease, to allow drilling on City property in the area of the Wastewater Treatment Plant project. Bill Smith spoke on behalf of I -AM -CO and said that they agreed to lay 175.3 the lines temporarily, with all locations to be approved by the City Engineer. Mayor Noland asked the staff for a recommendation. Public Works Director 175.4' Burch stated there were a lot of questions yet to be answered and he wished to defer making a recommendation. In answer to questions from Director Bumpass, Smith noted the City could 175.5 receive monthly royalties and use of any gas that is found. The City Attorney told the Board that, if they wish to pursue the execution 175.6 of a lease, the standard form lease .will require substantial revisions because of the sensitive nature of the area involved and because of the archeological site, Director Hess stated he had no problem with the request as long as the 175.7 archeological.site is safeguarded.,, .. ._ Director Johnson said she thought the timing was wrong because of the sludge 175.8 management project going on at the same time. Director Lancaster spoke in opposition to any oil companies drilling on 175.9 city property, commenting that he did not think the City would ever realize enough profit. Burch stated the staff's main concern is the time it would take to get 175.10 a legal description accepted; and concern about the cost-effectiveness of having inspectors on the site while the work is performed Director Bumpass, seconded by Johnson, made a motion to table consideration for at least a year or until City improvements are in place. Upon roll call, the motion passed, 5-0. 175.11 1 7 6 CONDEMNATION June 3, 1986 176.1 The Mayor introduced a request from the City Engineer for approval to condemn property needed to provide sewer service to a commercial establishment currently under construction, located south of Highway 16 West and west of Shiloh Drive. The Mayor reported this request was discussed at a Board Water and Sewer Committee meeting. 176.2 Director Johnson, seconded by Lancaster, made a motion to grant permission to condemn the property. 176.3 The Mayor said the developer has agreed to pay the cost of condemnation and construction. It was clarified that an unsuccessful attempt had been made to obtain an easement from the owner. 176.4 Upon roll call, the motion passed, 5-0. RESOLUTION NO. 62-86 APPEARS ON PAGE /pt OF ORDINANCE & RESOLUTION BOOK CONDEMNATIONS 176.5 The Mayor introduced a request from the City Engineer for authorization of condemnation proceedings against five tracts of land, in connection with sewer line improvement right-of-way grants and temporary construction easements associated with the Wastewater Treatment Plant project. 176.6 Director Hess, seconded by Bumpass, made a motion to approve the authori- zation. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 63-86 .APPEARS ON PAGE /17 OF ORDINANCE & RESOLUTION BOOK XXVII SEWER RELOCATION 176.7 The Mayor introduced a request for authorization to execute an agreement between the City and its Sewer Department for reimbursement of expenses involved in the relocation of sewer lines at Old Missouri Road and Mud Creek. 176.8 Director Johnson, seconded by Hess, made a motion to approve the request for authorization. Upon roll call, the motion passed, 5-0. yRESOLUTION�NO. 64-86 APPEARS ON PAGE f 9 3 OF ORDINANCE & RESOLUTION BOOK Kxvn June 3, 1986 PERSONNEL COMMITTEE REPORT Director Johnson reported on the Personnel Committee meeting of May 29, 177.1 1986. Johnson said job descriptions for department directors were reviewed and the committee recommends approval. Director Johnson, seconded by Hess, made a motion that the department director 177.2 job descriptions be approved. Upon roll call, the motion passed, 4-0, with Director Bumpass not present at roll call. • Director Johnson, seconded by Hess, made a motion that the Administrative 177.3 Assistant position in the Parks Department be moved to Pay Grade 16, with a new job description and new_job.title of Assistant Parks and Recreation Director. Upon roll call, the motion passed, 4-0, with Director Bumpass not present at roll call. OTHER BUSINESS KLINGER LETTER/PROPOSED SALE OF PROPERTY Mayor Noland suggested the letter from Timothy Klinger proposing sale of 177.4 property to the City for a nature park be referred to the Parks and Recreation Advisory Board. Director Johnson, seconded by Hess, made a.motion to refer the letter to 177.5 the Parks and Recreation Advisory Board. BILLMAN LETTER/CONSERVATION -Mayor Noland suggested the letter from Thomas Billman regarding his ideas 177.6 about conservation of green areas be referred to the PRAB as well. Director Johnson, seconded by Hess, made a motion that both the Klinger and Billman..letiers be referred to the -Parks and Recreation Advisory Board. Upon roll call, the motion passed, 4-0, with Bumpass not present at roll call. - JUNE 17 BOARD MEETING CHANGED Because of a conflict with an Arkansas Municipal League meeting., .it was decided to reschedule the June 17 Board meeting for Wednesday, June 18. 177.7 177.8 1 8 FAA GRANT June 3, 1986 178.1 Public Works Director Burch reported a grant is expected;,to. be,, received from the FAA for terminal apron reconstruction and taxi overlay, in the amount of $765,000. Burch asked the Board for permission, to accept. the grant when it is received. : ..J A._..U. L.;., 178.2 Director Lancaster, seconded_byJohnson,,made a motion to accept the grant when it is received.- Upon roll call; the motion passed, 4-0, with Director Bumpass not present at roll call. ,4.1 ,. _ 3:.;. ..i >_ ts,..: ....... :.ti :.. .. „RF�SOT UTION,�, NO.,.;65-86. APPEARS DN PAGE _. -;q l . . OF ORDINANCE' 6,, RESOLUTION ;BOOK xnv i 1 • CITIZEN COMMENTS REGARDING 'DRUGS 178.3 Marlene Ray addressed the Board, expressing her concerns regarding, drugs in the parks system, particularly at the south. pavilion of the Fayetteville park on Zion Road. Ray asked that this issue be addressed at the Board Retreat. Ray said she thought the site needed either to be closed down or cleaned up Ray added that she thought there was a serious problem with drugs in. ,the. schools. Ray said, she is_planning;a p,rogram,:which will be presented by narcotics agents and she invited the Board to attend. It was agreed that, rather than scheduling this issue at the Retreat, Ray would notify the Board of the date and time of the presentation so that they might have an opportunity to attend. TAXICAB FARE INCREASE 178.4 A citizen in the audience asked for Board base rate for taxi fare from $1.25 to,'$2. the same. He stated that the rate, change, in insurance costs. approval of a raise in the present 00,2with mileage charges ,,to ,remain is necessary, because of an,inctease 178.5 Director Johnson, seconded by Bumpass, made a motion to grant approval of; the, igtrofse;. J.n,,.base, rate„ from, $1.,25 ,;to ;$2.09..__,Upon ,roll call,, the motion passed, 5-0. The citizen making the request noted that heiwished to make the rate change effective tomorrow. 178.6 The City_Attorney read,,, an,,ordinagde._for.,the,..first time. Director Bumpass, seconded by Johnson, made a motion to suspend the;rules and place the ordinance ... on.,secpnd;.,reading.. .Dpon:roll,call,, the_motion passed,_570.,, The ordinance was.read.for the second. time,.,_...Director Bumpass,_,seconded,_by, Johnson, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. June 3, 1986 The Mayor asked if anyone in the audience wished to speak against the ordi- nance. No public opposition was expressed, the roll was called and the ordinance passed, 5-0. ORDINANCE NO. 3191 APPEARS ON PAGE _. „27 "_ OF ORDINANCE & RESOLUTION BOOK XX/1/ MINUTES The Minutes of the May 20 meeting were approved with the following addition: 159.6 Add "It was clarified that some of the guns were confiscated property in the possession of the Police Department." ADJOURNMENT With no further business before the Board, the meeting was adjourned at about 10:40 p.m. 179.1 179.2 179.3