Loading...
HomeMy WebLinkAbout1987-01-20 Minutes• MINUTES OF A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, January 20, 1987 at 7:30 p.m. in the Directors' Room of City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Lancaster, Martin, Kelley, Marinoni, Hess and Bumpass; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; members of the press and audience. CALL TO ORDER Mayor Johnson called the meeting to order, with seven Directors present. The Mayor asked for a moment of respectful silence. CABLE PETITIONS The Mayor reported that the City staff has received telephone calls and there have been letters to the editor of the local newspaper regarding a situation with the television cable system in Fayetteville. She stated that Butch Coger was present and wished to address the Board regarding this subject. Coger, owner of "Movies To Go", said that he and David Vaughn, owner of "Radio Shack", were in contact with a lot of the general populace interested in entertainment, and had received a lot of negative feedback regarding the cable service received in Fayetteville for the amount of money that is paid to the cable company. Coger said this prompted he and Vaughn to draft a petition to ask the Mayor and City Board to take steps to form a citizens' advisory committee that would have input to Warner Cable Company's programming. Coger said if Warner is not willing to do this, they ask the Board to condemn the cable system and run it as a City -owned utility, or sell it to a private concern that would run the system according to the City's liking. Coger said that, in six weeks, over 2400 signatures of Fayetteville residents were collected on petitions, the majority of whom are cable subscribers. He commented that if Warner Cable service could be brought to Springdale's standards, and if the subscribers could get 24 stations for the price they pay now, he thought people would be happy. Coger presented the petitions to the City Clerk. The Mayor said the petitions would be turned over to a newly formed Cable Television Task Force. She said that group would be asked to hold a public hearing for citizens to air their feelings regarding the cable system. She said the task force would also be asked to look into the quality of service that Warner is providing, to look into a new franchise agreement, the Cable Television Act of 1984, and other possible solutions to the problem. • 16 16.1 16.2 1 • 16.3 1 CABLE TELEVISION TASK FORCE January 20, 1987 17.1 The Mayor reported the Board Nominating Committee had recommended the appointments of the following citizens to a Cable Television Task Force: John Watkins, Chairman; Sherwood Charlton, Butch Coger, J. Kenneth Dodd, Herbert A. Lewis, Jr., Patricia O'Leary and Hoyt Purvis. 17.2 It was moved by Director Hess, and seconded by Marinoni, to appoint those seven persons to the task force. Dpon roll call, the motion passed, 7-0. 1986 PROGRESS REPORTS 17.3 The City Manager introduced progress reports for 1986 from the divisions of Administrative Services, Public Safety and Public Works, and noted that copies of these would be available in written form in the City Manager's Office. 17.4 [Clerk's Note: As these reports are on file and part of the permanent record, because of their length they have not been included in these Minutes.] Administrative Services Department 7,5 Administrative Services Director Scott Linebaugh reported on the highlights I. of accomplishments of 53 employees in 11 divisions of that department: is Billing and Revenue, Personnel, Purchasing, Building Maintenance, Customer !` Accounting and Collection, Municipal Court Fine Collection, City Clerk, Accounting and Auditing, Budget Research, Special Projects and City Shop. Public Safety Department 17.6 Public Safety Director Marty Coates reported on the accomplishments of the approximately 136 employees in that Department, encompassing Police, Fire, Inspection, Animal Control, and Communications divisions. 17.7 17.8 Public Works Department Public Works Director Deryl Burch reported on progress in the Public Works Department for 1986, including Street, Water and Sewer, City Engineer, Traffic, Airport, Parks and Recreation, Pollution Control, and Maintenance divisions. Director Martin asked if sanitation personnel and equipment cuts, and additional pickups indicated a reduction in either numbers of pickups per week per household, or mandatory curbside pickups. Burch said no current standard had been changed at this time, and presently 50% of the pickups are "by the curb" and 50% are "by the house". January 20, 1987 In answer to a question from Director Hess, Burch said that the staff would meet to review revised Street specifications on January 28, after which it is hoped these would be brought before the Board. Mayor Johnson said she thought it had been a rocky year for the department directors because of the reorganization, the absence of the City Manager, and trying to deal with seven City Directors, some of whom she said were travelling in different directions from the avenues where the department directors wanted to go. Johnson commented that she was pleased with the reports. 18 18.2 40. Director Martin commented that the response from City staff to some very 18.3 severe criticism had been outstanding. He said he thought we could be proud of the staff. Director Bumpass agreed, and stated he respected how City staff reacted to constructive criticism. He said he thought efficiency had been increased in the departments, and that we had changed the course in an upswing for what city government can mean for Fayetteville. He said he thought we were setting some new standards for performance, that this will be something good for the City for at least the next ten years. 1987 BUDGET 18.4 1 The Mayor introduced a resolution approving the 1987 City Budget. 18.5 Director Martin, Chairman of the Finance Committee, reported the committee met in December to review the major recommendations of management's budget and recommended it be included in the full budget. Martin reported all the Directors met with the committee in two other sessions to complete their review of the budget. Martin asked Scott Linebaugh to summarize the high points of the budget. Linebaugh said he had been asked to address an item, which was misunderstood, in an article written in the local newspaper. Linebaugh said that article indicated there was a large difference between expenditures and revenues. He assured everyone the City was in good, sound financial condition, better than most cities. He said, although the 1987 budget shows more expenditures than revenues, this is in line with a financial plan which was developed several years ago. He explained that the City foresaw that there would be federal and State cuts, and planned ahead to build up surpluses so that when the cuts began, the City would be able to operate for the first few years without having to cut services. Linebaugh said he felt Fayetteville was way ahead of other cities which did not plan in this way. Linebaugh said the difference between expenditures and revenues this year and last was mainly due to the Wastewater Treatment Plant project, for which revenues were received in the first year of the project, and expenditures in 18.6 18.7 1 19 January 20, 1987 the last two years of the project. He noted that the bond issue for this project would be paid off in 1989. 19.2 Linebaugh said the City is spending over $1 million of surplus funds on operations alone. He said it is expected that in 1988 the City will have to cut about $1.6 million from its budget. 19.3 Linebaugh reported the total 1987 budget to be $40,609,630, including capital but not including depreciation which runs about $3,745,000 per year, and including: Personnel Services $8,007,508 Material and Supplies 1,285,034 Contract Services 9,306,680 Maintenance 883,228 Debt Service 3,826,333 Capital Outlay 17,300,848 19.4 Linebaugh said these figures did not contain the construction accounts.for the Arts Center or Solid Waste projects, because those construction schedules were not available. Director Martin, seconded by Hess, made a motion to approve the proposed budget. Upon roll call, the motion passed, 7-0. RESOLUTION NO.5-87 APPEARS ON PAGE 3/) OF ORDINANCE & RESOLUTION BOOK xxv it 19.6 The Mayor gave special thanks to employees Judy Huffaker and Kevin Crosson for their work on the budget. 4 BOARD COMMITTEE STRUCTURE 19.7 Director Marinoni reported on a Board "Committee of the Whole" meeting of. January 14, regarding changes in the Board committee structure. Marinoni reported the Board decided to change from a 10 committee structure, eliminating the Wastewater Treatment and Solid Waste Committees which no longer meet. He explained the Street and Water and Sewer Committees were consolidated into one Public Works Committee, that the Nominating and Personnel Committees were consolidated into one committee, resulting in a total of six committees: Public Works Nominating/Personnel Airport Public Safety Finance Advertising and Promotion January 20, 1987 Marinoni, seconded by Bumpass, made a motion to accept these as the new form of committees. Upon roll call, the motion passed, 7-0. BOARD COMMITTEE APPOINTMENTS Mayor Johnson announced appointments of Directors to the Board committees: Advertising & Promotion commission: Airport: Johnson, Chair Lancaster, Chair Bumpass Kelley Hess Marinoni Finance committee: Mominating/Personnel: Martin, Chair Kelley, Chair Hess Johnson Kelley Martin Public Safety Committee: Public Works: Bumpass, Chair Hess, Chair Marinoni Lancaster Martin Marinoni Director Bumpass, seconded by Kelley, made a motion to approve the appointments. Upon roll call, the motion passed, 7-0. REZONING The Mayor introduced an ordinance rezoning one acre located at the northeast corner of Highway 16 West and Double Springs Road, from A-1 "Agricultural" to C-2 "Thoroughfare Commercial". The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Hess, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance for the second time. Director Bumpass, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. The Mayor reported the rezoning was recommended for approval by the Planning Commission, voting 9-0. Dave Jorgenson, engineer for the petitioners, James and Rhoda Ralston, said the City's Planning Consultant, Larry Wood, had recommended the rezoning for the following reasons: 1. The zoning is in agreement with the General Plan recommendation of commercial; 20 11 20 20.2 20 , 20.4 20.5 20.6 20.7 1 21 January 20, 1987 2. There is already a commercial use on the property and C-2 District will release the use from a nonconforming status; and 3. The intersection of Double Springs Road and Highway 16 West is a logical location for future commercial development. 21.2 Director Marinoni said the property was located in his neighborhood and involves an auto repair center in a somewhat substandard building. Marinoni said Ralston proposes to remove the building and construct a new building which would be appropriate in appearance and would be moved farther back from the highway, so as not to obscure the view of oncoming traffic. Marinoni stated he was in favor of the passage of the ordinance. . 21.3 Upon roll call, the ordinance passed, 7-0. x -t 21.5 21.6 ORDINANCE NO.3237 jXXI if APPEARS ON PAGE hi OF ORDINANCE & RESOLUTION BOOK WEDINGTON DRAINAGE CONDEMNATIONS The Mayor introduced a resolution authorizing the initiation of condemnation proceedings against 17 tracts of land, for the acquisition of easements necessary for the Wedington drainage project. Property owner James Parrish addressed the Board. He stated he was not contacted regarding the Board's recommendation he negotiate with the staff. Parrish said he did not think the City had enough money to do the project. Parrish agreed that the drainage project is needed for Stephens Avenue and the property below it, but asked that the project be stopped for the area east of Stephens Avenue. City Manager Grimes asked Parrish if he had refused to accept certified mail since the last Board meeting. Parrish said he refused certified mail two to three months ago but had not since. Grimes stated certified mail sent to Parrish since the last meeting was returned to the City. 21.7 Director Bumpass said the minutes of the last Board meeting indicate that the City Attorney had asked Parish to contact his or Sandra Carlisle's office regarding a convenient time for a meeting. Parrish said it was the City's responsibility to contact him. 21.8 Helenclair Southern, resident of 1540 Stephens Avenue, addressed the Board. Mrs. Southern said she had been asked for one ten foot easement from the center of a culvert, and another ten foot easement so work can be done. She said this would absolutely ruin her property and that of the man next door. She said she thought a 20 foot ditch would be dangerous to toddlers and could create a terrible health problem. She asked the Directors if any of them would consider selling their property for 15 cents a square foot. She said that, although she was told verbally that this will still be her January 20, 1987 property, this was not "what the paper said". Mrs. Southern said a 20 foot easement would `ake 3/4 of her garage, and will take trees off her property. She said she felt all the people in the area were cooperative and want to do what's right, but would like for this "to be a two-way deal". Director Bumpass told Mrs. Southern that only a five foot drainage swale was planned for her property, and a ten foot easement would only be used to equipment to the site and build the drainage structure, after which easement would no longer be needed. Director Humpass explained that, construction, the area would be a grassy swale which could be mowed. Southern said that by using a grassy swale, the City was throwing its "down a rat hole". drive that after Mrs. money Project engineer Ervan Wimberly said a grassy swale will work if it is maintained. He explained the plan was to construct a five foot flat bottomed ditch, to be sided, seeded and stabilized, with the sides at a gentle slope so it can be mowed. Wimberly said it is hoped the residents will maintain it just as they do their yards. He said the reason for a 20 foot permanent easement is so the ditch can wind around as many big trees as can be saved. Wimberly said a lot of the drainage problems existing in the area are there because the ditch has not been maintained. He said that a part of the project, north of S. Maxwell Drive, has been nicknamed "Lake Maxwell" because the water in the yards is so deep. Wimberly assured Mrs. Southern that even though the easement technically would be in part of her garage, work will not be done in her garage. He said to redescribe the easement would increase the cost of the project. Director Martin asked if a grass swale was commonly used for a drainage ditch and would be effective. Wimberly said it was common, was effective, but must be maintained. He said if the property owners don't maintain it, then the easements will allow the City to provide maintenance. Wimberly said this will be less of a safety hazard to the children. Mayor Johnson said because this involves federal funds and appraisals were done, federal guidelines only allow payment of 10% over the appraised values. James Parrish said he thought "filling" would take care of the Lake Maxwell problem, as that property is lower than the property surrounding it. Parrish said he was giving the City four feet off the front of Lot 2 for a sidewalk, 15 feet off the back for a permanent easement, and nothing off the lot behind his property. He said the City is taking a 10', 20' and 15' easement off Lot 23 which he owns, and nothing off the adjacent lot. Parrish said, in addition, there is a 10' sewer easement on the north side of this lot. He said the City was offering him 15 cents per foot. Director Hess commented that the size of Lot 23 was so much larger than other lots, he did not think the City was asking for an unequivocal amount in easements. 22 221 22.2 22.3 22.4 22.5 22.6 1 23 January 20, 1987 Mayor Johnson suggested a meeting be scheduled with James Carlisle, Ervan Wimberly and Jim McCord for Monday, January in Sandra Carlisle's office. Parrish, Sandra 26 at 10:00 a.m. 23.2 Wimberly emphasized that the City is requesting easements, not taking property from the landowners. He explained that the easements would give the City the right to go on the property and maintain the ditch if the property owners do not do so. He pointed out that the easements would not affect any building plans the owners might have, as the easements are all located within the building setback area. 23.3 Director Lancaster, seconded by Martin, made a motion to proceed with condemnation. Lancaster commented that negotiations can continue in an attempt to work out a settlement. 23.4 Director Bumpass said he was willing to support the condemnations as he thought they were necessary in order to get the entire project completed. - 23.5 Director Hess said he did not think the condemnations would impact the value of the owners' property in a detrimental way, or he would vote in opposition. 16 Director Johnson reported that a settlement had been reached today for one of the 17 tracts of land involved (Tract No. 3). 23.7 Upon roll call, the motion passed, 6-1, with Marinoni voting in the minority. 23.8 23.9 RESOLUTION NO.6-87 APPEARS ON PAGE S/02 OF ORDINANCE & RESOLUTION BOOK FAYETTEVILLE GENERAL PLAN The Mayor introduced a recommendation from the Planning Commission that proposals be sought for the preparation of the new Fayetteville General Plan. Ernest Jacks, Chairman of the Planning Commission, told the Board a committee of the Planning Commission had worked on this issue for a long time, and brings before the Board their recommendation for a "Scope of Work" which they propose be put in bid form and advertised for proposals. He added that community facilities are not included, as parks will be taken care of by the Parks and Recreation Advisory Board and school locations by the School Board. He noted that the Planning Commission itself has rewritten the subdivision regulations, and has a committee working on zoning. Jacks said, of the five elements that normally compose a General Plan - the land use study and map, the zoning ordinance and zoning map, subdivision regulations, master street plan, and community facilities - the scope of work will take care of all of these, with the exception of January 20, 1987 community facilities, and with State funds being available to the Northwest Arkansas Regional Planning Commission for the Master Street Plan. In answer to a question from the Mayor regarding the time frame, Jacks responded that the Planning Commission would like to ask for proposals as soon as possible. He said the Commission would be working on the updating of the zoning ordinance for another 6-8 months, but hoped to have this work going concurrently. Director Hess asked if the Planning Commission had been working with Public Works Director Deryl Burch regarding street inventory mapping. Hess suggested perhaps some redundancy could be avoided. Jacks said the Commission was aware of the computer mapping plans for the future but decided it could not wait for that entire system to be put in place, and hoped this work could be integrated with those future plans. Director Bumpass asked Jacks if he viewed it as a function of the Planning Commission to review the requests for proposals, recommend a firm to the City Board, and to develop the Plan and recommend it to the Board. Jacks said he thought the Planning Commission would recommend the Plan to the Board, but he assumed the City Board would review the proposals and choose the lowest bidder. Jacks added that he envisioned the Planning Commission being heavily involved in reviewing the work with the planner who is chosen to do the work. Director Martin, seconded by Kelley, made a motion to approve going out with requests for proposals. Upon roll call, the motion passed, 7-0. ---The meeting recessed at 9:55 p.m. and reconvened at 10:05 p.m. --- ALCOHOL SALES The City Attorney stated that the Board had adopted an ordinance at its last meeting which restricted the sale of alcoholic beverages, for off -premise consumption, to retail liquor stores. He said that subsequent to the meeting it was pointed out to him that the regulations of the State Alcohol Beverage Control Board authorize an establishment holding an on -premise beer permit to sell beer for off -premise consumption. He said this would place the City ordinance in conflict with the general law of the State. He said that, after drafting an amendatory ordinance (included in the agenda) which he felt would comply with the constitutional prohibition against contrary local laws, it occurred to him that ordinance would still be in conflict if the State issued an off -premise permit for a grocery store. He said an Illinois Supreme Court decision upheld the constitutionality of a local ordinance which simply prohibited the sale of beer, for on -premise consumption, by retail grocery stores. He said there was a substantial likelihood the City ordinance will be litigated and he would like to have a precedent. He recommended the ordinance adopted at the last meeting be 24 24. 24.2 24.3 24.4 24.5 24.6 24.7 1 25 January 20, 1987 superceded by an ordinance which would prohibit the sale of beer and wine, for off -premise consumption, by full service retail grocery stores and convenience stores. 25.2 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The City Attorney read the ordinance 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, 7-0. The City Attorney read the ordinance for the third time. 25.3 Speaking from the audience, Tom Conway asked the Board why Fayetteville was so backward compared to cities such as Fort Smith, Little Rock, and cities in Oklahoma and Missouri which sell beer in grocery stores. He said he thought there was nothing wrong with buying beer in grocery stores, and he believed that people who own liquor stores have a corner on the market. He said we should get in step with the rest of the nation. 25.4 Upon roll call, the ordinance passed, 7-0. 1 ORDINANCE N0. 3238 APPEARS ON PAGE 0.3. OF ORDINANCE & RESOLUTION BOOK UNSAFE STRUCTURE 25.5 The Mayor introduced an ordinance ordering the razing and removal of an unsafe structure located at 1102 South Dunn; left on second reading at the January 6 meeting. 25.6 Director Bumpass, seconded by Martin, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. 25.7 Public Safety Director Marty Coates told the Board the City's inspector had checked records at the Courthouse twice in an attempt to track the owner, had sent two violation notices to two separate addresses, had called the realty company which is handling the property on four different occasions, had talked with the owner's sister-in-law twice, and still has not been able to make connections with the owner. Coates said he knew of nothing else which could be done by the staff to contact this owner. 25.8 Director Marinoni said the ordinance was left on second reading because the Board had a doubt about the sufficiency of notice to the owners. He said he felt the sufficiency has been fulfilled and there was no doubt that the structure should be removed, as it has been beset with fire, the roof has burned off, and it has no floor or windows. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3239 January 20, 1987 APPEARS ON PAGE I/3 --OF ORDINANCE & RESOLUTION BOOK SIGN APPEAL/WYATT CAFETERIAS, INC. The Mayor reported that Wyatt Cafeterias, Inc. has requested its sign appeal be tabled until a later date. Director Martin, seconded by Bumpass, made a motion to table the appeal. Upon roll call, the motion passed, 7-0. SIGN APPEAL/MC KINNEY INSURANCE AGENCY The Mayor introduced an appeal from the literal Ordinance from Richard and Robert McKinney, for Insurance Agency, to be located at 200 W. Center S petitioners request permission to install an freestanding sign at a zero setback. provisions a sign for tree t. She 18 square of the Sign the McKinney explained the foot on-site Richard McKinney distributed some photographs of the proposed sign. answer to questions from Director Bumpass, McKinney told the Board intend to place the sign at the location of the fire wall facing Center S treet. He said it would be a double sided sign and would be installed on a freestanding right angle pole, perpendicular to and within inches of the wall. He explained that the pole would be about flush with the end of the wall. In they Director Bumpass, seconded by Martin, made a motion to grant a variance. Upon roll call, the motion passed, 7-0. S IGN APPEAL/"EARNIE'S HAIRPORT" The Mayor reported that "Earnie's Hairport" had withdrawn their request for a sign appeal, and intends to comply with the sign ordinance. FLOOD PLAIN WASTEWATER The Mayor introduced an ordinance amending the City Code as it applies to wastewater generated by development in the flood plain. The Mayor explained this ordinance would allow the City to comply with the Environmental Protection Agency's flood plain service area restrictions as they apply to the City's Wastewater Treatment Plant. The City Attorney added that this would also allow the City to comply with the Administrative Order issued by 26.2 26.3 26.4 26, 26.6 26.7 26.8 1 27 27.2 January 20, 1987 the EPA requiring that the City build the improvements which are presently under construction. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Martin,. made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 27.3 Director Bumpass asked if all of the property located in the flood plain was filed by legal description. Inspection Superintendent Freeman Wood stated flood plain property is shown on maps prepared by the Corps of Engineers. He said the present ordinance does allow development in the flood plain area. He said the proposed ordinance would not impact any existing subdivision, and will not prohibit building in the flood plain but will make it impractical because it will not allow connections to public sewer. 27.4 Director Marinoni asked if the term "development" used in the ordinance referred to lots or buildings. The City Attorney explained that "development" would be an improved structure. Wood added that the ordinance II/ would not apply to land in the flood plain located between other developed areas. 27:5 Director Marinoni asked if the ordinance could be rewritten to cover some of the questions. The City Attorney said he tried to track federal guidelines in drafting the ordinance. He suggested the Directors could adopt the ordinance as is, and wait and see if administrative problems arise; or leave it on third reading and submit proposed clarifications to the ordinance. He said he felt the ordinance as written can be interpreted and administered so that the guidelines discussed will be followed. 27.6 Director Hess said he wondered if flood plain land between developed areas might be designated. Wood said it was stipulated in the ordinance that service may be provided areas of development "substantially surrounded by existing structures...". Hess said he just wanted to be comfortable that any flood plain area in Fayetteville has the capacity to be developed. McCord said that was prohibited by the ordinance. 27.7 27.8 Director Lancaster asked what impact this had on the sewer line. Wood explained that the EPA wants to discourage building in the flood plain, and they want the flood plain area to grow up to be used as a refuge for wildlife, to filter the flood waters. In answer to a question from Director Johnson, it was explained that the ordinance would not go into effect as of January 20 because it did not contain an emergency clause. Johnson asked if the ordinance would apply to an area in the flood plain which became surrounded by development. Wood said he did not think the ordinance would apply in that case. January 20, 1987 Director Martin explained he would abstain from voting as his company's sister company owns some land in the flood plain. Director Marinoni explained he would abstain from voting as he personally owned land in the flood plain. Upon roll call, the ordinance passed, 5-0-2, with Directors Marinoni and Martin abstaining. ORDINANCE NO.3240 XXII; BID AWARD APPEARS ON PAGE /17 OF ORDINANCE & RESOLUTION BOOK The Mayor introduced consideration of the award of Bid. purchase of vehicles for the Public Safety Department. that the recommendation is to purchase one four-wheel $14,225 from Steve Smith and five police patrol from Lewis Ford. Johnson noted the purchases totalled included in the budget for this expense. No. 744, for the Johnson reported drive vehicle for vehicles, at $12,598 each, $77,215, with $80,700 Director Hess, seconded by Martin, made a motion to approve low bidders. Upon roll call, the motion passed, 7-0. OTHER BUSINESS RANDAL DRIVE the award to the Director Bumpass, seconded by Hess, made a motion to change the name of the road "Zion Place" to "Randal Drive" in memory of Randal Tyson. Upon roll call, the motion passed, 7-0. SANITATION RATES Director Martin pointed out that at the January 6 Board meeting, the Board considered a proposal to increase sanitation rates, but the matter was tabled, 7-0, until a response could be received from solid waste project engineers on the environmental acceptability of the present solid waste facility site. Martin stated he had received no response on this matter, although he had received information today that, in order for certain conditions of the bond issue to be met, the engineer must be given approval to proceed with design work on the site. Martin said he thought this would mean approving expenses on a site which has not been approved, when there has been no response to the concerns which have been raised. The City Attorney explained there were written concerns filed with the Department of Pollution Control and Ecology regarding the issuance of an air permit for the proposed site northeast of the Industrial Park. He said DPC&E will hold a public hearing, and assuming that satisfactory evidence is 28 28.2 28.3 28.4 28.5 28.6 1 29 January 20, 1987 submitted that there would not be an adverse environmental impact, the air permit will probably not be issued for 60 to 90 days. McCord said the construction contract between the Authority and M-K/Ferguson Company requires that a commencement date of January 23 be set in order to guarantee the existing contract price. He explained that although issuance of the air permit is a condition of the contract, it also provides that issuance of the permit can be waived by mutual agreement of the parties and the contract work could proceed. He said the Project Director, if the Authority approves, proposes to notify the contractor of the January 23 commencement date, and to authorize the contractor to proceed with engineering only, to ensure that the contract price is not increased, on the condition that no construction would begin unless and until an air permit is issued. McCord said the Authority would incur some monetary obligation before the permit is issued, but the existing contract price will be guaranteed, and engineering work could be applied to a different site if the site is changed. 29.2 In answer to questions from Director Martin, McCord explained an air permit was issued for the old site close to the campus but when a new site was selected, the Authority made application for a new air permit, and public comments were received as a result of a notice which was published. "19.3McCord said if the Board does not authorize engineering work to begin on II/ January 23, they take the risk of an increase in the contract price. He said Project Director Louis Watts had information showing how much liability is expected to be incurred each month. AUTHORITY MEETING 29r4 Mayor Johnson announced that the Northwest Arkansas Resource Recovery. Authority was scheduled to meet on Wednesday, January 28 at 1:00 p.m. SPECIAL BOARD MEETING 29.5 The Mayor announced a special Board meeting for Wednesday, January 28 at 8:30 a.m. She said the Board would go into executive session to evaluate the City Manager. The Mayor announced that following that session will be a meeting to discuss ideas for utilizing approximately $475,000 in restructured housing bonds. MINUTES 29.6 The minutes of the January 7 and January 14 meetings were approved as distributed. ADJOURNMENT .7 With no further business, the meeting was adjourned at 10:52 p.m.