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HomeMy WebLinkAbout1976-06-15 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 15, 1976 The Board of Directors of the City of Fayetteville,, Arkansas, met in a regular session on June 15, 1976, at 7:30 p.m., in the Directors' Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Ernest tit Lancaster Paul Noland, Al Hughes, Russell Purdy, and Morris Collier ABSENT: None tiE OTHERS PRESENT: Members of the audience and representatives of the news media. 1 1 ,8'd CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence and roll call, the Mayor asked if there be any amendments to the minutes of the June 1, 1976 meeting. Director Collier requested amendment to paragraph 182.1 to read: "Director Collier, however, did not think the need for street improvements was lessened when such improvements benefitted the City even though the majority of the property was owned by landlords." Director Todd requested amendment to paragraph 178.2 to cause it to read: "...to be a viable industry in Fayetteville but that other locations in Fayetteville were available..." He also requested that paragraph 183.1 be amended by adding: "The City Manager, in response to a question from Director Todd, stated the City could provide municipal services to the annexa- tion area without excessive cost or penalty to the existing City area." These amendments meeting with approval of the Board, the minutes were approved as amended. ORDINANCE EXTENDING HOURS OF SALE OF ALCOHOLIC BEVERAGES The proposed ordinance would permit the sale of alcoholic beverages until 1 a.m. during weekdays during the period of Daylight Savings Time. The City Attorney read the ordinance the first time. Director Hughes, seconded by Director Collier, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Noland, seconded by Director Hughes, moved rules be further sus- pended and the ordinance read the third and final time. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 187 187.1 187.2 187.3 187.4 187.5 187.6 187.7 188.1 Mayor Orton read correspondence received from the Chief of Police who expressed opposition to the ordinance. He cited earlier closing hours ob- served in neighboring Springdale and believed an ordinance extending hours of sale in Fayetteville would encourage a migration of Springdale residents to Fayetteville for the purpose of purchasing or consuming alcoholic beverages, thus increasing the number of alcohol-related traffic violations. The letter also expressed the Chief's observance of the fact that the current closing hours are not strictly observed and an extension of the hours would further compound existing problems. 188.2 As explaind by the City Attorney, the ordinance would be applicable to taverns and other establishments licensed for on -premise consumption. Mr. Don Thronesberry, local nightclub owner, supported adoption of the ordinance claiming that the Daylight Savings Time adversely affected the patron attendance of his establishment. 188.3 During discussion, the Board indicated that it would be relunctant to adopt an ordinance which would apply to only a few establishments. The Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Hughes "Nays": Lancaster, Todd, Noland, Orton, Purdy The Mayor declared the ordinance failed. SIGN RELOCATION - College & Lafayette Streets/Tackett Mobil Station 188.4 In a memorandum addressed to the Board, the City Manager explained a situation involving the location of a sign at the corner of College Avenue and Lafayette Street. Certain improvements scheduled for the intersection had necessitated the relocation of a sign at the location. He explained that in process of acquiring right-of-way in commercial areas for municipal street projects, persons had been permitted to relocate non -conforming signs onto their own property and that theCity had not attempted to require that the signs conform to the new sign ordinance. He said this same relocation policy is being followed in acquiring right-of-way for intersection improve- ments on College Avenue. 188.5 Grimes reported that, at the time right-of-way was acquired for the northeast corner of the College/Lafayette intersection, Mobil Oil Company was assured that the City would relocate the sign and that it would continue as a non -conforming sign until the 1980 deadline. Mobil Oil Company had agreed with the City's provisions for the sign's future. Now that Mobil Oil is in the process of ceasing retail operations in Fayetteville, the operator of the station is in the process of acquiring the property with intention of converting to another oil company, and that Mobil Oil had given the operator the same assurance in regard to the sign as the City had. "Our problem is that we will have a different sign advertising a different oil company pro- duct and we anticipate receiving some criticism because of this," the memo stated. Grimes felt that the City should honor the original committment to Mobil Oil and permit the station operator to place the sign advertising the different oil company, of approximately the same size as the existing sign, on the relocated standard. 188.6 Director Noland told the station operator, Dave Tackett, that as non -conforming, the sign would have to be removed in 1980. Mr. Tackett stated that he had the word of the City's right-of-way acquisition agent that the City would move the sign at the City's expense and that a new location had already been chosen. 188 1 ' 9 The City Attorney advised that the Board could grant a variance to the 189.1 setback requirements with -the understanding that the variance was granted because of right-of-way negotiations and that the sign would be non -conforming and subject to removal in 1980. Director Todd believed that the authority of the Board had been usurped 189.2 by the City's agent in that the agent promised something that only the Board had the authority to grant; further, that Mobil Oil Company had made certain assurances to Mr. Tackett regarding the sign that it had no right to make. Mr. Tackett stated that Mobil Oil had not promised him anything in regard to the sign and that the property transfer would not take place until Mobil had settled everything with the State and the City in regard to the right-of-way. ut The Board then discussed the amount of setback which would be required. 189.3 IQ Purdy had stated that a variance in setback would be useless unless a Tt variance for the change in the sign were also granted. During further dis- �a cussion, Freeman Wood, of the Building Inspection Department, stated that non -conforming signshad'notteerallowed to undergo name changes and that the CC ordinance specified that changes could not add to the non -conformity of a sign. Director Hughes, seconded by Collier, moved that a setback variance be 189.4 granted and that the operator be allowed to change the name in order to com- ply with the ordinance and that the sign be considered non -conforming. At Director Todd's request, the Mayor recessed the meeting to allow the City Attorney to determine the governing requirements of the ordinance in regard to the particular situation. Following the recess, the City Attorney ad- vised that all was needed was a variance in setback since the new sign would have to comply with height and size requirements of the ordinance. In further discussion of how much setback should be required, the City Manager stated that the City would place the sign anywhere the operator wanted it if the sign were•:set ba:ckfurther from the street. In regard to a temporary variance, the City Attorney did not know whether temporary variances were valid but said he would research that issue. Following further discussion and comment, the Mayor asked if the motion 189.5 to grant a setback variance for the sign and consider the sign non -conforming should pass. The recorded roll call vote was: "Ayes": Collier, Hughes, Purdy "Nays": Lancaster, Todd, Noland, Orton The Mayor declared the motion failed. Director Noland, seconded by Director Todd, moved that the matter be 189.6 referred to the City Attorney for consultations with Mr. Tackett to return to the Board with a proposed setback. The Mayor asked if the motion should pass. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. ORDINANCE REQUIRING CONFINEMENT OF SHEEP AND INCREASING ANIMAL IMPOUNDMENT FEES The proposed ordinance, read by the City Attorney, would prohibit allowing 189.7 sheep to run at large and would increase impoundment fees to $15.00 for initial pickups within a calendar year, and to $25.00 for subsequent pickups within the same calendar year. The initial impoundment fee for unlicensed or un- vaccinated animals would be increased to $25.00 189 190.1 Director Collier, seconded by Director Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 190.2 Director Purdy, seconded by Director Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 190.3 Mayor Orton questioned why the ordinance had to list certain animals rather than stating that any animal was prohibited from running at large. The City Attorney responded thatif the ordinance listed specific animals which were g hAi dfr?mm runnyngsa&hgugeveaim� rli other animal' would be con- 190.4 Hdfage b p�cy, move tha Aa ordinance be amended to include 'any animal" The City Attorney again advised against such an amendment, therefore, the motion was withdrawn. 190.5 The Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The ordinance was declared passed. ORDINANCE NO. 2235 APPEARS ON PAGE /7S OF ORDINANCE & RESOLUTION BOOK V ORDINANCES INCREASING FRANCHISE FEES - Utility Companies ARKANSAS WESTERN GAS COMPANY 190.6 The City Manager informed the Board of a request by the gas company for an amendment to the franchise agreement to provide a decrease in the percentage of franchise paid at such a time as the City was enabled to en- act other revenue producing measures. Grimes said the amendment was in keeping with the committment that the increased franchise tax was to be a temporary measure. 190.7 The Board pointed out that the amendment, as worded, would provide for the reduction of the franchise tax to zero without Board action. Collier felt the franchise tax should never drop below three percent without Board action and felt that such a stipulation should be included in the franchise contracts. 190.8 Director Todd stated he was not inclined to add anything to the fran- chise beyond what the voters approved. The City Attorney advised that he could revise the preamble of the ordinance to stipulate that the franchise increase would be an interim revenue source until such time the City was enabled by state legislation or constitutional amendment to support itself financially. 190.9 The City Attorney read the ordinance the first time. Director Hughes, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 190 Director Purdy, seconded by Director Collier, moved rules suspended and the ordinanC`e placed on third and final reading. roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, "Nays": None The motion was declared passed and time. Noland, Hughes, Orton, Purdy be further The recorded the ordinance was read the third and final There being no further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2236 APPEARS ON PAGE /14 OF ORDINANCE & RESOLUTION BOOK V SOUTHWESTERN ELECTRIC POWER COMPANY 191 191.1 191.2 In regard to the Southwestern Electric Power Company franchise, Mr. B. 191.3 I. Fouke told the Board that the effective date of June 24 would create collec- tion and computation problems for SWEPCO since its customers were billed in cycles. He requested that the Board authorize the franchise to be initiated July 1. He also stated that SWEPCO had requested the state Public Service Commission to determine whether the application of an industrial franchise tax required any action by them and that he could not say whether or not a decision would be forthcoming before July 1. He said his company had no reservations concerning the ordinance itself. In response to questions from the Board, the City Attorney stated that 191.4 the ordinance would not become effective until approval of the Public Service Commission had been received if such approval is required. The Board con- curred that the effective date for the initiation of the franchise rate be July 1. The City Attorney then read the ordinance the first time. Director 191.5 Noland, seconded by Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. There being no further discussion, the Mayor asked if the ordinance 191.6 should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2237 APPEARS ON PAGE /17 OF ORDINANCE & RESOLUTION BOOK V OZARKS ELECTRIC The City Attorney read for the first time an ordinance to increase the 191.7 franchise fee of Ozarks Electric to become effective July 1. Director Purdy, seconded by Collier, moved runes be suspended and the 191.8 ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 191 192.1 Director Collier, seconded by Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes"; Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 192.2 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2238 APPEARS ON PAGE 119 OF ORDINANCE & RESOLUTION BOOK V SOUTHWESTERN BELL TELEPHONE COMPANY 192.3 The City Manager stated that a misunderstanding had occurred concern- ing the franchise in that he believed the telephone company would pay a total of $75,000 in franchise fees for the year 1976 but that the local company manager had understood that the 1976 franchise fee would be based on a rate for the remainder of the year that would reflect a yearly fee of $75,000 to produce a total franchise fee for 1976 of approximately $54,250. 192.4 Director Lancaster felt the franchise agreement should reflect the $75,000 amount as approved by the voters. "I feel we have made concessions with the telephone company separate from other utilities," Lancaster said. He noted that the telephone company's amount of franchise fee would not increase in accordance with their revenues whereas fees paid by other utilities, based on a percentage, would increase as their revenues increased. The City Manager stated that the company manager, George Holland, had assured that the telephone company would agree to "sit down in the next two to three years and look at it again should 'it' accelerate." Director Collier noted that the telephone franchise fee agreement would be retroactive whereas agreements with other utilities would not become effective until July 1. 192.5 The City Attorney read an ordinance providing for the payment of a franchise fee at a 1976 rate of $75,000 to be paid for the remainder of the year. Director Todd questioned computations included in the ordinance and asked if the City Manager had verified them to which the City Manager res- ponded negatively. Director Todd then asked when the City had agreed to a 10 -year franchise period for the telephone company. In reply to the ques- tion, Grimes stated, "Whether or not the Board agreed, I have kept the Board apprised that they wanted a 10 -year period. I didn't ask for your vote at the time I told you they were requesting the 10 -year term." 192.6 In further discussion, Director Purdy expressed his opinion that the $75,000 figure was to apply to the entire year of 1976 and felt the Board should retain that figure. Director Noland believed it to be a matter of interpretation as to when the franchise year should begin. Two members of the audience, George Blackwell and Graham White, felt the phone company should be requested to °amply with the voters' approval of the 1976 calendar fee of $75,000. 192.7 Director Todd moved that Section 2 of the ordinance be amended to delete reference to a 10 -year period and termination clause. The motion was seconded by Director Lancaster and the recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Orton, Purdy "Nays": None Absent: Hughes The motion was declared passed 192 193 Director Todd, seconded by Director Purdy, then moved that the fran- 193.1 chise fee for 1976 be $75;000, payable by December 31, 1976. Following further discussion, the Mayor asked if the motion should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton , Purdy "Nays": None The motion was declared passed. Director Collier, seconded by Director Hughes, moved rules be suspend- 193.2 ed and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 14 Director Collier, seconded by Purdy, moved rules be suspended and the 193.3 d' ordinance placed on third and final reading. The recorded roll call vote of the Board was: 040. "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motionwas declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance as amended should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance as amended passed. ORDINANCE NO. 2239 APPEARS ON PAGE L20 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ESTABLISHING OCCUPATION LICENSE TAX The City Attorney recommended that the Board follow normal procedure in adopting the occupation tax and franchise ordinances even though .state statute provides that ordinances referred to and subsequently approved by the voters become effective 30 days following the election. He read the ordinance the first time. Director Purdy, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Collier, proved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. During discussion, the City Manager and City • Attorney clarified provi- sions of the ordinance. In regard to professional occupation fees, the City Manager stated that the ordinance, as written, would require the professional employer to pay a $15 base occupation tax plus $6 per employee in addition to the $50 professional fee. 1 193 193.4 193.5 193.6 193.7 193.8 194.1 Director Hughes contended that the ordinance read was not the same ordinance approved by the voters and did not include a provision which he said had been approved by the Board. Upon completion of discussion, the Mayor asked ifthe ordinance should pass. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Orton, Purdy "Nays": Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2230 APPEARS ON PAGE /07 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - 3009 Market Street/Hancock's Fabrics/White Sign Co., petitioner 194.2 Mr. Bobby White, petitioner, requested a variance from the sign ordi- nance to allow the placement of two wall signs on one wall of Hancock's Fabric store located at 3009 Market Street. He discussed the building's construction with the Board and felt the two signs were needed to properly identify the business. 194.3 Director Todd stated that he did not believe concurrence with the ordinance provisions would create a hardship for the business and that he was particularly concerned that the signs would face a residential area. 194.4 Director Purdy stated he felt the ordinance was "outrageous" and per- sonally believed wall sign restrictions should be removed. Director Collier, seconded by Director Purdy, moved the variance be granted. The recorded roll call vote was: "Ayes": Collier, Hughes, Purdy "Nays": Lancaster, Todd, Noland, Orton The motion was declared failed. ORDINANCE REZONING PROPERTY - R76-18/College Avenue/Hal Trumbo, petitioner 194.5 The City Attorney read an ordinance to rezone a 15.9 acre tract located on the west side of College Avenue, north of Township Road, from A-1 Agri- cultural to C-2 Thoroughfare Commercial. 194.6 Director Collier, seconded by Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 194.7 Director Collier, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 194.8 During discussion, Planning Commission member Ernest Jacks explained that an alternate access to the nearby Villa Mobile Home Park was planned for the area in question and that the proposed access route was apparently the only acceptable alternative to provide safer access to the park. He stated that the road would be part of a large scale development involving the property requested to be rezoned. 194.9 When Jacks informed the Board that the Planning Commission had previously agreed to accept an asphalt street without curb and gutter and less than city standard, the Board informed that they would not consider approving a street not built to city standards and asked that the Plannina Commission be informed of their position. 194 195 Following discussion, The Mayor asked if the ordinance should pass. The 195.1 recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE 2240 APPEARS ON PAGE 4220F ORDINANCE AND RESOLUTIONBOOK V ORDINANCE REZONING PROPERTY - R76-19/5 West Township/Helen Edmiston, petitioner The petitioner requested the rezoning of a 1 acre tract located at 5 195.2 West Township from R-1 Low Density Residential to C-2 Commercial Thoroughfare or I-1 Heavy -Commercial, Light Industrial. The City Attorney read an ordi- nance to rezone the property C-2 as recommended by the Planning Commission. Director Collier, seconded by Purdy, moved rules be suspended and the 195.3 11/4.1 ordinance placed on second reading. The recorded roll call vote was: d' "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy Cti "Nays": None The motion was declared passed and the ordinance was read the second time. CCS Director Collier, seconded by Purdy, moved rules be further suspended 195.4 and the ordinance placed on third and final reading. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. 195.5 The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2241 APPEARS ON PAGE /230F ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R76-21/West Fifteenth St./Campbell Soup The petitioner, Campbell Soup, had requested rezoning a 49 acre tract on the north side of Fifteenth Street from I-1 Heavy Commercial, Light Industrial and R-2 Medium Density Residential to I-2 General Industrial. The City Attorney read for the first time an ordinance to rezone exist- ing I-1 property to I-2 as recommended by the Planning Commission. Director Collier, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Lancaster, Seconded by Collier, moved rules be further sus- pended and the ordinance read the third and final time. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. During discussion, Planning Commission member Ernest Jacks stated that the Planning Commission was concerned about creating an I-2 district adjacent 195 195.6 195.7 195.8 195.9 195.10 196.1 to a residential area; therefore, they had recommended and approved the retention of R-2 zones to serve as buffers to residential areas. Director Purdy noted that the Planning Commission had approved a smaller amount of I-2 than what was requested. 196.2 George Blackwell, who stated he owned property in the area, expressed concern that property values would be decreased as a result of the rezoning and questioned what uses Campbell Soup would make of the property. 196.3 Following discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2242 APPEARS ON PAGE /a s'OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS 196.4 Bid 317 - W & S Department trucks: Purchasing Officer Sturman Mackey reco- mmended award of bid 317 for 2, 1976, 3/4 ton pickup trucks for the Water and Sewer Department to Whit Chevrolet in the amount of $5,042.42 each. Director Hughes, seconded by Noland moved the bid be awarded as recommended. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 196.5 The City Attorney read a resolution to appropriate $10,084.84 from Water and Sewer Contingency for purchase of the vehicles. Director Collier, seconded by Hughes, moved adoption of the resolution. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The resolution was declared passed. RESOLUTION NO. 25-76 APPEARS ON PAGE 5(o OF ORDINANCE & RESOLUTION BOOK V 196.6 Bid 320 - Street and Sanitation Department trucks: The bid for three 43,000- 48,000 GVW street department trucks was recommended awarded to Whit Chevrolet in the amount of $15,943.10 each. Purchasing Officer Mackey said funds were appropriated in the 1976 Revenue Sharing fund for the purchase. Director Hughes, seconded by Purdy, moved the recommendation be accepted. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 196.7 Mackey recommended the award of bid for two 24,000 GVW truck chassis for the Sanitation Department be made to Lewis Ford Company in the amount of $7,397.00 each. Funds for the purchase would be the Sanitation Depre- ciation Fund, Mackey stated. Director Hughes, seconded by Purdy, moved the bed be awarded as recommended. The vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 196.8 Bid 321 - Traffic Signs: The bid was recommended awarded to low bidders as indicated on the bid tabulation prepared by the Purchasing Officer. Funds for the purchases were budgeted in the General fund Traffic Account No. 4624, Mackey stated. Mackey reported that signs to be ordered under the bid by 19g 197 Fayetteville Housing Authority would be paid for by that agency. Director Purdy, seconded by Noland, moved the bid be awarded as recommended. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. Bid 319 - Police Department Radios: The bid was recommended to be awarded 197.1 to General Electric Company, Little Rock, for one two-way, four -channel radio in the amount of $1,482.15 The purchase would be funded through an LEAA grant. Director Hughes moved the bid be awarded as recommended. The motion was seconded by Purdy and the vote was: 10 "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy IQ "Nays": None et The motion was declared passed. Bid 323 - Hydrated Lime and Chlorine - W & S Department: Purchasing Officer 197.2 OZ Sturman Mackey recommended award of the bid for lime be made to Arkansas White Lime for a one-year contract for purchases of lime at $.02435 per pound. He also recommended that formal bid requirements be waived for chlorine products to allow purchase on a quotation basis until firm, competitive bids could be received. (Note: See ordinance no. 2243) Bid 326 - Pipe Supplies and Fittings: The Purchasing Officer recommended 197.3 that bid requirements be waived to allow purchase of needed items on a quotation basis until firm, competitive bids could be received. City Attorney McCord read an ordinance to waive bid requirements for chlorine products and pipe supplies and fittings until firm bids could be received. Director Collier, seconded by Purdy, moved rules be suspended and the 197.4 ordinance placed on second reading. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Collier., moved rules be further suspended 197.5 and the ordinance placed on third and final reading. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. Director Lancaster, seconded by Purdy, moved the ordinance be amended to 197.6 stipulate that bid requirements were to be waived for a period of one year. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. The Mayor asked if the amended ordinance should pass. The recorded vote 197.7 was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The ordinance was declared passed. 1 ORDINANCE NO. 2243 APPEARS ON PAGE /460F ORDINANCE & RESOLUTION BOOK V 197 198.1 Housing Rehabilitation Projects - Community Development: The Purchasing Officer recommended award of bids for rehabilitation of structures at 225 East North and 232 East Thirteenth be awarded to Garfinkel Construc- tion; structure at 501 Blair to T & S Construction; and structures at 161 East Meadow, 610 Happy Hollow Road, and 816 South College to Bradley Construction. Director Hughes, seconded by Purdy, moved award of the bids as recommended. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 198.2 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute the necessary contracts for the rehabilitation projects. Director Todd expressed reluctance to favor the resolution since there was no assurance that rehabilitation of the structures would result in compliance with housing standards. 198.3 Director Collier, seconded by Purdy, moved the resolution be adopted. The recorded vote was: "Ayes": Collier, Lancaster, Noland, Hughes, Orton, Purdy "Nays": None Abstain: Todd The resolution was declared adopted. RESOLUTION NO. 26-76 APPEARS ON PAGE 57 OF ORDINANCE & RESOLUTION BOOK V 198.4 24" Water Main Extension - Country Club Rd./Hwy. 71 South: The bid was recommended awarded to Northside Construction Company, Fort Smith, in the amount of $170,169.90 for extension of a 24 -inch water main located near the Country Club Road and Highway 71 South. 198.5 The City Attorney read a resolution awarding the bid as recommended and authorizing the Mayor and City Clerk to execute contract documents for the project. Director Noland, seconded by Purdy, moved adoption of the resolution. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The resolution was declared passed. RESOLUTION NO. 27-76 APPEARS ON PAGE 5$ OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS RIGHT - OF - WAY DEDICATION REQUIREMENT WAIVED - Cato Springs Road / Jacob Stern & Sons 198.6 The City Manager recommended the Board approve a waiver of right-of-way dedication requirements in connection with a large scale develop- ment planned by Jacob Stern & Sons for construction of a storage tank upon railroad property located west of South Garland Street and north of Cato Springs Road. The City Manager said the City would not want the responsi- bility of maintaining a roadway since the property was owned and leased by the railroad. 198.7 Director Purdy, seconded by Todd, moved the waiver be approved. The recorded vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the waiver granted. 198 1 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS'- Willow/Huntsville Streets The City Attorney explained that a deed in favor of the City for property located on the northwest corner of the Willow/Huntsville Street intersection was deficient. If negotiations between the City and the property owner failed, he said condemnation could be authorized. He read a resolution granting the authorization for initiation of condemnation proceedings. Director Hughes, seconded by Purdy, moved adop- tion of the resolution. The recorded roll call vote was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The resolution was declared adopted. 199 199.1 RESOLUTION NO. 28-76 APPEARS ON PAGE 59 OF ORDINANCE & RESOLUTION BOOK V ADJOURNMENT CO There being no further business for the Board's consideration, the Mayor 199.2 declared the meeting adjourned. ATTEST: DARLENE WESTBROOK City Clerk 199 APPROVED: /7/a -t v(/ ? 41 MARION R. ORTON, Mayor