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HomeMy WebLinkAbout1976-10-19 MinutesIsJ 2. 65 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OCTOBER 19, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on October 19, 1976, in the Director's Room of the City Administration Building at 7:30 p.m. PRESENT: City Manager Donald Grimes; City Darlene Westbrook; and Directors John Todd (absent at roll call); Collier. ABSENT: Russell Purdy Attorney Jim McCord; City Clerk Marion Orton, Ernest Lancaster, Paul Noland, Al Hughes, and Morris OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion Orton. Following a brief 265.1 moment of respectful silence and roll call,the Mayor asked if there be any amendments to the minutes of the October 5 regular meeting or the October 12 special meeting. There being no changes necessary, the minutes of both meetings were approved as submitted. ORDINANCE APPROVING FINAL PLAT - Summerhill Planned Unit Development The ordinance would approve the final plat of Summerhill, a planned unit 265.2 development, located north of Stubblefield Road. Mr. Ervan Wimberly, engineer for the project, was present and assured the Board that all plat revisions re- quested by the Planning Commission had been made. The City Attorney read the ordinance to approve the final plat. Director 265.3 Collier, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster Nays: None Absent: Todd, Purdy The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Noland, moved rules be further suspended and 265.4 the ordinance read the third and final time. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster Nays: None Absent: Todd, Purdy The motion was declared passed and the ordinance was read the third time. There being no discussion, the Mayor asked if the ordinance should pass. The 265.5 recorded vote of the Board was: Ayes: Noland, Hughes, Orton, Collier, Lancaster Nays: None Absent: Todd, Purdy The Mayor declared the ordinance passed. ORDINANCE NO. 2282 APPEARS ON PAGE 175 OF ORDINANCE & RESOLUTION BOOK V 265 2 et RESOLUTION AUTHORIZING DEVELOPER CONTRACT - Summerhill Planned Unit Development 266.1 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a contract with the developer of Summerhill planned unit development to guarantee installation of improvements. He noted that the contract would have a term of five years. 266.2 Director Noland, seconded by Lancaster, moved adoption of the resolution. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster Nays: None Absent: Todd, Purdy The Mayor declared the resolution passed. RESOLUTION NO. 52-76 APPEARS ON PAGE 83 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R76-30 / Crossover Road / John Andre 266.3 Petitioner in the appeal of the Planning Commission's denial of rezoning a 1.5 acre tract located on the west side of Crossover Road, 800 feet south of 45 East, requested the Board to rezone the property from R-1 Low Density Residential to C-1 Neighborhood Commercial. 266.4 The petitioner was represented by Mr. Lamar Pettus who conveyed his client's request that the appeal be heard in conjunction with a similar rezoning appeal in- volving property immediately north of the Andre property. The City Manager informed that the petitioner in the appeal referred to by Pettus had requested the appeal, appearing on the same agenda, be tabled. The Board then proceeded to consider Andre's appeal. 266.5 Speaking in opposition to the rezoning, Mr. Sanford Berg, 2545 Ridgely, cited lack of public sewerage facilities to accommodate commercial activity in the area and believed that school district officials might oppose commercial activities so near a proposed school complex site. 266.6 Mr. Pettus stated that his client would execute a bill of assurance which would stipulate that no commercial development would be commenced on the property until public sewer facilities were available and sewer service installed as re- quired by city regulations. He believed a commercial classification would be well buffered by churches located to the north and to the south of the property. He also called the Board's attention to a 30 acre tract of commercially zoned property located to the east. He stated that Andre had no immediate plans for commercial development on the property requested to be rezoned. 266.7 Mr. Roy Clinton, Lovers Lane, was present to oppose the rezoning request and the general land use plan of the Highway 265/Highway 45 East intersection. Clinton believed the City might be proposing an excessive depth for commercial activity which would result in an encroachment upon prime residential property. He voiced resident's opposition to the fact that the 30 -acre commercial tract had been zoned commercial for several years but that it had not been developed nor had there been a demand for the property except for residential office pur- poses. Of the opinion that continuance of the commercial zone eastward would serve no particular purpose, Clinton urged the Board to reconsider the land use plan of the area. 266.8 Following discussion, The City Attorney read an ordinance to rezone the property C-1 Neighborhood Commercial. Director Collier, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. 266 1 Director the ordinance Ayes: Noland, Nays: None Absent: Purdy The motion was The Mayor Ayes: None Nays: Noland, Collier, Absent: Purdy The Mayor declared the ordinance failed. Director Noland, seconded by Director Lancaster, then moved that the Planning Commission reconsider the Comprehensive Land Use Plan for the four square mile area of the Highway 265/Highway 45 East intersection. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared Collier, seconded by Noland, moved rules be further suspended and placed on third and final reading. The recorded roll call vote was: Hughes, Orton, Collier, Lancaster, Todd 267 267.1 declared passed and the ordinance was read the third and final time. then asked if the ordinance should pass. The recorded vote was: 267.2 Hughes, Orton, Lancaster, Todd passed. 267.3 REZONING APPEAL - R76-31 / 938 Rogers Drive / Kenneth Garton The petitioner appealed denial by the Planning Commission of a request to 267.4 rezone two lots located at 938 Rogers Drive from R-1 Low Density Residential to R-2 Medium Density Residential. Attorney Bob White, representing the petitioner, stated that the appeal to 267.5 rezone the property R-2 was being made because the classificiation would permit Mrs. Garton to pursue her home occupation within limitations of the zoning regulations. Mr. White noted that several of the homes in the neighborhood were tenant -occupied and claimed that the rezoning in itself would not alter the character of the neighborhood. Mayor Orton stated that the Board was not particularly concerned with the 267.6 existence of a one -chair beauty salon, rather the future uses of the property under an R-2 classification when proper facilities for a higher use were lacking. In regard to the issue that sewer facilities were lacking, Mr. White noted 267.7 that the Washington County Health Department had not found evidence that the operation of Mrs. Garton's one -chair beauty salon created health hazards. A copy of a letter from the County Health Department is made a part of the record as requested by Mr. White and appears on page 268. Following discussion, the City Attorney read an ordinance to rezone the property as requested. Director Collier, seconded by Todd, moved rules be sus- pended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. Director Noland, seconded by Lancaster, moved rules be further suspended and 267.9 the ordinance read the third and final time. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the third and final time. During discussion, the Board discussed objections to the rezoning which had been considered during a rezoning appeal by the appellant which was considered by the Board in 1975. The Board concurred that conditions had not changed since that hearing. 267.8 267 268 268.1 There being no further discussion,t he Mayor asked -if the ordinance should pass. The recorded vote was: Ayes: Hughes Nays: Noland, Orton, Lancaster, Todd Abstain: Collier Absent: Purdy The Mayor declared the ordinance failed. • 'Washington eounty `Public `3-Cealth Center 1100 NORTH WOOLSEY AVENUE TELEPHONE 521.8181 FAYETTEVILLE. ARKANSAS 72701 Octobe t 19, 1976 FILED IN MY AY O 1 7MIS •s (/I1 !!17117,,011W 4. Board 06 Di tec.ton.s City og Fayetteville To whom it may aortae/in: Ptea.ae be advaed that the heath depaktment on eevehaQ £natancea, has made .Lnapectiorw og the 938 Roger Dtive xc.&Ldence, occupied by Ma. and Mo. Kenneth Garton. A aan,i tanian dyed the 3eptLc eyetem w.i h. boctLwn guone4cein alp( hyditoacopic .type dye and n.e.inapected .the 6y6tem on 4evekat instances. At no .time wa.a .then.e any evidence og ewtga .Lng aeuktge on- other nuisances being cvteated, not was .there any p&obbem being c.'teated on adjacent pkopehty. Yowta velty .tau ty / 100V1#49 dint—f Bat E. Pahette San i.tar,,ian SupexuLi on. 1 REZONING APPEAL - R76-33 / Crossover Road / Peter G. Estes The petitioner had requested rezoning a 5 acre tract located west of Highway 265, 300 feet south of Highway 45 East, from R-1 Low Density Residential to C-2 Thoroughfare Commercial. The City Manager informed the Board that Mr. Estes had requested the Board table consideration of the appeal. Director Todd, seconded by Lancaster, moved the appeal be tabled until the next Board meeting. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the appeal tabled. ORDINANCE REZONING PROPERTY - R76-32 / South Sang Avenue / Jim Lindsey The ordinance, read by the City Attorney, would rezone an 8 acre tract lo- cated at the northwest corner of the South Sang/West Stone Street intersection from R-1 Low Density Residential to R-2 Medium Density Residential. Director Collier, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. Mr. Robert Albertson, adjacent property owner, questioned the Board about future plans for the northward extension of Sang Avenue. He stated he would not favor such an extension. The Board assured Mr. Albertson that there were no plans for the extension and if the extension were ever constructed it would have to done by a street improvement district. Mr. Lindsey stated that access to any development on the property would be from West Stone Street. Director Noland, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the ordinance passed. ORDINANCE NO. 2283 APPEARS ON PAGE 176 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R76-35 / Township Road / Johnnie Bassett The ordinance, read by the City Attorney, would rezone a 40 acre tract located on the south side of Township Road approximately one-quarter mile west of Highway 71 South from R-1 Low Density Residential to C-2 Thoroughfare Commercial. Director Collier, seconded by Lancaster, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. 269 269 269.1 269.2 269.3 269.4 269.5 269.6 269.7 270 270.1 Mr. Jim Lindsey spoke in behalf of the request and discussed plans for development of the property as well as the possible relocation of Township Road. No opposition to the rezoning was expressed. 270.2 Director Hughes, seconded by Collier, moved rules be suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the third time. 270.3 The Mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the ordinance passed. ORDINANCE NO. 2284 APPEARS ON PAGE 177 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - Moore Lane / Williams Ford Tractor and Equipment 270.4 Mr. Don Williams had requested a variance from the sign ordinance limita- tion of one sign per lot to allow him to place two signs on his business loca- tion. Mr. Williams was represented by his attorney, Rick Osborne, who informed the Board that Mr. Williams' franchise contract with the Ford Motor Company pro- hibited him from attaching to his building and existing sign, signs which ad- vertised the products of other companies. Mr. Williams stated that the addi- tional sign had been erected without a signpermit because he thought a previous sign permit would allow him to erect the additional sign. 270.5 Director Lancaster, seconded by Noland, moved the appeal be tabled to allow the City Attorney to consult with the appellant's counsel to try to determine a solution which would not Jeipardize enforcement of the sign ordi- nance. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. SIGN APPEAL - 958 West North Street / Joe B. Cogdell 270.6 The appellant had requested a determination from the Board whether the sign at 958 West North Street would be required to be removed under provisions of the sign ordinance which requires removal of signs which no longer advertise a bona fide business. 270.7 At issue had been the question of whether the business had actually been ceased or abandoned when, in fact, the Wilding had been removed to provide for construction of a new building. The City Attorney had explained that the legal interpretation of the word "discontinuance" was considered by courts to be synony- mous with the word "abandoned" and indicated that the Board would have to deter- mine whether the business had actually been abandoned. 270.8 E. J. Ball was present to represent the appellant and explained that the business had been temporarily ceased to allow construction of a new building, but that gasoline tanks serving the site had not been removed. He stated that the existing sign would not be altered but that it would be repainted. Bali stated 270 that his client had not been advised of the sign's non -conforming status until notice had been received that the sign would have to be removed. Building Inspection Superintendent, Harold Lieberenz, gave a brief history of events regarding the matter and noted that the sign had been discussed with the property owner on three different occasions and that the owner had indicated that, "it would be taken care of". Upon completion of discussion, Director Hughes, seconded by Collier, moved the variance be granted and the sign allowed to remain. The vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. 271 271.1 271.2 SqEAST FAYETTEVILLE FIRE STATION e— Consideration of the purchase of property as the site of an additional fire 271.3 station had been tabled at the September 7 meeting. The site, located on Highway OG 265 directly west of the Hyland Park Subdivision, was recommended by the City Manager to be purchased and a residential -type station erected. He and the Fire Chief noted that the site would serve not only the Highway 16 East area but also the Highway 45 East area until the City could afford to build two additional stations -- one for each area. The City Manager recommended the residential structure so that it could be sold and a portion of the City's investment recovered at the time additional stations were constructed and the station was no longer needed. Mr. Gary Carson, spokesman for residents of the Baldwin community, expressed 271.4 ' opposition to the recommended site. He informed the Board that population and private and business properties were greater in number and valuation along the Highway 16 East corridor than any other eastern portion of the City. He stated that the residents realized it would be a long time before a station would be built on the Highway 16 East route if the proposed station were built at the recommended site. He contended that the proposed site would overlap with at least three, four -minute response areas while the 16 East area would remain outside a four -minute response area. Also speaking in opposition to the proposed site was Mr. Elvie Heiney who 271.5 recalled a 1972 recommendation that an additional fire station be located on Highway 16 East. He stated that approximately two million dollars worth of insurable property existed between Ed Edwards Road and the easternmost corporate limit. "The eastern portion of the city will be sitting on a limb. We oppose putting one there and getting promises of another one. We have lived on promises a long time", he stated. Director Todd favored the recommendation stressing the fact that the loca- 271.6 tion of the station at a site which would serve two areas of the eastern portion of the city would represent the best use of the limited funds. The City Manager cited a 1971 inspection report of the Arkansas Inspection and Rating Bureau and the recommendations thereof. He indicated that the inspection team could return at any time and that the city's fire protection rating could be endangered if plans for the additional station have not progressed. Director Hughes felt the $50,000 which would be needed to staff and maintain 271.7 ' an additional station should be used to increase employee benefits. Director Collier believed the station should be located on Highway 16 East in accordance with previously established priorities. 271 272 272.1 Director Hughes moved the recommendation be rejected at this time until assurances could be made regarding financial feasibility of an additional station. Director Collier seconded the motion. The recorded vote was: Ayes: Hughes, Orton, Collier, Lancaster Nays: Noland, Todd Absent: Purdy The motion was declared passed. 272.2 Director Collier then moved that a prospective site on Highway 16 East be located as soon as possible. Director Lancaster reminded that the Board had passed a motion indicating need for further study of financial feasibilities of an additional station. The motion was seconded by Hughes and the recorded vote was: Ayes: Hughes, Orton, Collier Nays: Noland, Lancaster, Todd Absent: Purdy The motion was declared failed. RESOLUTION AUTHORIZING TRANSFER OF RENTAL ASSISTANCE PROGRAM 272.3 The City Manager recommended the transfer of the Section VIII Rental Assis- tance Program from Community Development Program to the Fayetteville Housing Authority. In a letter to the Board from the Housing Authority Executive Director, it was noted that the CD staff position for the Rental Assistance Program con- stituted a duplication of efforts by the two entities. 272.4 During discussion, Director Todd expressed his concern that the Fayetteville Housing Authority Board was not accountable to anyone and suggested that a trial period be established which would allow review of the merger. Following dis- cussion, the City Attorney read a resolution to approve the transfer conditioned upon the submission to the Board of Directors an annual report of the Housing Authority's Section VIII activities to be filed at the close of each fiscal year. 272.5 Director Todd, seconded by Lancaster, moved adoption of the resolution. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the resolution passed. RESOLUTION NO. 53-76 APPEARS ON PAGE 84 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE WAIVING COMPETITIVE BIDDING REQUIREMENTS - Lake Wilson Park Facilities 272.6 The Fayetteville Jaycees had proposed to furnish all labor, tools, material and miscellaneous services to construct the Lake Wilson Park pavillion. Mr. Dennis Hill, spokesman for the Jaycees, was present to explain the construction proposal. 272.7 The City Attorney read the ordinance the first time after which Director Todd, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. 272 273 Director Noland, seconded by Hughes, moved rules be further suspended and 273.1 the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the third and final time. The Mayor then asked if the ordinance should pass. The recorded vote was: 273.2 Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the ordinance passed. j ORDINANCE NO. 2285 APPEARS ON PAGE 178 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CONTRACT - Lake Wilson CC The City Attorney read a resa:lutionauthorizing the Mayor and City Clerk to 273.3 execute a contract with the Fayetteville Jaycees for the construction of a pavillion and picnic tables at Lake Wilson Park for a total sum of $6,000. Funds for the construction were made possible through a Bicentennial grant of $3,000 which was matched with an equal donation from the Fayetteville Jaycees. Director Collier, seconded by Noland, moved adoption of the resolution. The 273.4 recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the resolution adopted. RESOLUTION NO. 54-76 APPEARS ON PAGE 85 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE LEVYING ANNUAL REAL AND PERSONAL TAX - 1976 The City Attorney read an ordinance to levy the annual real and personal 273.5 property tax for the 1976 year as follows: General Governmental Operations 5 mills Fire Pension Fund 1 mill Police Pension Fund 1 mill TOTAL 7 mills Director Hughes, seconded by Collier, moved rules be suspended and the ordi- 273.6 nance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Collier,moved rules be further suspended and 273.7 the ordinance placed on third and final reading. The recorded roll call vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed and the ordinance was read the third time. 273 274 274.1 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the ordinance passed. ORDINANCE NO. 2286 APPEARS ON PAGE179 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ADOPTING SOUTHERN STANDARD BUILDING CODE - 1976 Edition 274.2 The City Manager requested the item be tabled to allow for publication of notice of the proposed ordinance. Director Hughes, seconded by Noland, moved the item be tabled until December 7. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy 274.3 Members of the Board requested that the City staff notify, by mail, builders and contractors that the proposed changes to the code will be considered. AWARD OF ENGINEERING CONTRACTS - Water and Sewer Projects 274.4 The City Manager requested the Board table award of the contracts for the portion of work budgeted for 1976-77 which is to be conducted by private consul- tants. Director Noland, seconded by Hughes, moved the item be tabled. The record- ed vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. AWARD OF BIDS 274.5 Bid 336 - Meter Boxes/Water & Sewer Department: The City Purchasing Officer recommended award of bids as follows: 274.6 211.7 Waterworks Supply Company The Rohan Company Arkansas Water Utility Corp. Water and Waste Corporation 400 corrugated meter boxes 25 manhole lids and rings 6,000 ft., 6" VCP 10 meter boxes w/lids & keys 5 300 lb. manhole ring and lid $15.00 $44.18 $ 1.22 $16.40 $52.63 ea. ea. per ft. ea. ea. Director Hughes, seconded by Noland, moved the bid be awarded as recommended. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. Twenty -Second Street / Highway 71 South Sewer: This item was readvertised for bids due to rejection by the Department of HUD of the bid procedures. Award of the bid and contract was recommended by the Purchasing Officer to be made to the Braun Excavating Company of Seymour, Missouri in the amount of $10,688.05 for Schedule I and $13,884.75 for Schedule II. The City Attorney read a resolution r3 Maple Leaf Construction King Carrao Reconstruction 275 to award the bid as recommend and to autorize the Mayor and City Clerk to exe- cute a contract forthe construction of the sewer. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the resolution adopted. RESOLUTION NO. 55-76 APPEARS ON PAGE 86 OF ORDINANCE AND RESOLUTION BOOK V Community Development Housing Rehabilitations: The Purchasing Officer recommend- 275.1 ed award of bids for housing rehabilitationirojects as follows: Pyramid Building & Restoration 213 E. Center 369 E. Center 238 S. East 322 Center $2,014.00 $2,783.85 $4,384.00 $4,995.00 The City Attorney read a resolution authorizing the execution of contracts 275.2 for the projects. Director Collier, seconded by Lancaster, moved the resolu- tion be adopted. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the resolution passed. RESOLUTION NO. 56-76 APPEARS ON PAGE 87 OF ORDINANCE &.RESOLUTION BOOK V Bid 337 - Water & Sewer Piee and Fittings: Purchasing Officer Sturman Mackey recommended award of the bid to Harry Cooper Supply Company for all items except one which was recommended awarded to Water and Waste Company. Director Noland, seconded by Lancaster, moved the bid be awarded as recommended. The recorded vote was: Ayes: Noland, Orton, Hughes, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. 275.3 OTHER BUSINESS RESOLUTION AUTHORIZING EXECUTION OF DEVELOPER CONTRACT - Jerry D. Sweetser Subdivision The City Attorney read a resolution authorizing execution of a developer contract with Jerry Sweetser for installation of improvements to the Jerry D. Sweetser Subdivision. Director Hughes, secondedby Noland, moved adoption of the resolution. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The Mayor declared the resolution adopted. RESOLUTION NO. 57-76 APPEARS ON PAGE 88 OF ORDINANCE & RESOLUTION BOOK V 275 275.4 2 U NOVEMBER 2 MEETING - Time changed 276.1 Director Noland, seconded by Todd moved the next regular meeting to be held November 2, be convened at 5:30 p.m. The recorded vote was: Ayes: Noland, Hughes, Orton, Collier, Lancaster, Todd Nays: None Absent: Purdy The motion was declared passed. LETTER TO GOVERNOR PRYOR 276.2 The Board indicated approval of a letter Pryor regarding his recent proposals for major changes in methods of financing local governments. The letter read as follows: October 19, 1976 The Honorable David Pryor Governor of Arkansas Little Rock, Arkansas 72201 Dear Governor Pryor: The removal of local government from the paternalism of state government is longoverdue in Arkansas. Thank you for recognizing this fact. We are awaiting the details of your plan. I am surprised that your definition of 'home rule' is not 'rule by the people at the lowest level of government' but is rule by another "middle -man" --Quorum Court. The larger cities of the state, which must provide many services to a concentrated population, desperately need the opportunity for truly 'home rule' solutions. However, county and municipal governments should be encouraged to work together -- as partners. Two years ago Fayetteville and Ft. Smith asked the General Assembly to pass permissive city sales tax legislation for the two cities. We would have preferred that the legislation include all local governments but found only Fayetteville and Ft. Smith wishing such a taxing priviledge. As you know, both cities had an election and each failed to pass the local sales tax. If the legislation had allowed the tax to be county -wide or to be a Fayetteville -Springdale tax, in Fayetteville it might have passed. If the people could have had a reduction in their state income tax as an offset for the city sales tax, it might have passed. In other words, I feel that local governments are not inclined to vote themselves more taxes unless they have the incentive of a reduction in another tax. Since you chose the income tax, why not reduce it only in those juris- dictions which vote themselves a sizeable local tax? In order to minimize the 'regressiveness' of a sales tax, a greater percentage of the tax reduc- tion could be given the lower income persons, as you have proposed. 276 Another incentive to prompt the Quorum Courts to call an election for a local tax would be that, after inaction by the county on the tax question for perhaps six months, the cities within thatcounty could call their own elec- tions for a city tax. Cities which want to improve their services should not be held down because their Quorum Court is reluctant to act. I realize that the State's General Revenue Sharing funds may not con- tinue and that local government would be wise to use its share for capital improvements only, but I feel that this decision also should be made at the local level. Again, I thank you for recognizing the need to give the people the uCY chance to choose the level of local services they want. I only ask that you include in your program incentives to encourage the people to vote them- c+i selves the taxes, that you extend the taxing priviledges of the counties to the cities as well, and that the State's General Revenue Sharing funds not Ir be restricted to capital improvements. Sincerely, /s/Marion R. Orton Mayor CITIZEN COMPLAINT - Highway 71 South and Twenty -Second Street Mr. Lamar Pettus stated that he and Mr. Wes Rogers, co-owners of real estate on Twenty -Second Street, had, without result, complained to the Building Inspection Department concerning the condition of property on the corner of Highway 71 South and Twenty Second Street. He requested the City take action to see that the property is cleaned. 7 1 r' 277.1 ADJOURNMENT There being no further business for the Board's consideration, the Mayor 277.2 declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk 277 APPROVED: 9n&4v Marion R. Orton, Mayor