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HomeMy WebLinkAbout1977-03-01 Minutes345 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS March 1, 1977 The Board of Directors of the Cityof session on March 1, 1977 at 7:30 p.m. stration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook, and Directors Ernest Lancaster, John Todd, Paul Noland, David Malone, Philip Colwell, and Marion Orton. Fayetteville, Arkansas, met in a regular in the Directors Room of the City Admini- ►fj cha ABSENT: On Director Al Hughes OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Ernest Lancaster called the meeting to order, and, following a moment 345.1 of respectful silence, asked if there be any amendments to the minutes of the February 15, 1977 meeting. Director Todd requested paragraph 343.2 be amended to read: "Director Todd 345.2 stated he saw two issues..."; also, that the last sentence be clarified to re- flect that Mayor Lancaster believed, from a legal standpoint, that it was impor- tant to comply with provisions of the National Electrical Code but that he would question the necessity for exceeding requirements of the Code. Director Orton requested that the last sentence of paragraph 336.3 be clari- 345.3 fied and that paragraph 335.4 be amended to reflect that the Mayor invited those in favor and in opposition to the levy to express their opinions. Director Colwell noted that the minutes reported that the four percent cable 345.4 franchise rate would not be instituted until the FCC changed its rules and regu- lations to so permit but that Warner Cable had included the four percent rate in its last billing. The City Manager said he had discussed the new rate with Mr. Rip Lindsey, local cable manager, who explained there had been an apparent mis- understanding as to when the new franchise rate would go into effect. He said Lindsey clarified that, even though it was not certain whether FCC would approve the four percent franchise fee, prior FCC approval had not been requested. Grimes said Lindsey stated that the cable company preferred to proceed with the new fran- chise rate pending FCC approval. Director Colwell was concerned that collection of two percent from subscribers prior to FCC approval might result in a situation wherein the City would have to refund the two percent at a later date. The City Attorney stated it was his understanding that, even though they pass 345.5 two percent of the franchise fee on to the subscriber, the company will pay the entire four percent to the city. In his opinion the City would not be held liable to make a refund of the two percent which is charged to the subscriber. He suggested the City request written confirmation of Warner Cable's intent regarding payment of franchise fees. He reminded the Board that Ordinance 1808 provides that the cable company can pass to the subscriber any franchise fee in excess of two percent without Board approval. 345 346.1 The City Manager stated that the people voted on increased franchise fees for utility companies with the understanding that the new rates would also apply to Warner Cable if approved by the FCC. HOTEL, MOTEL, RESTAURANT GROSS RECEIPTS TAX 346.2 A public hearing had been conducted at the February 18 meeting to hear citizen comments regarding a proposed one percent hotel, motel, and restaurant gross receipts tax (tourist tax) which might be pledged to help finance a continu- ing education center proposed for construction in the downtown business district. RESOLUTION EXPRESSING BOARD POSITION REGARDING CONTINUING EDUCATION CENTER 346.3 The City Attorney read a resolution drafted and proposed by Director Orton which would formally state the Board's position regarding the construction of a proposed continuing education center in downtown Fayetteville. During discussion, Director Orton stated that, even though individual members of the Board had dis- cussed the issue with many people, no definite answers could be given to some questions since the Board had not formally stated its position on some of the questions raised. Director Orton, seconded by Todd, moved the resolution be adopted. 346.4 A Ms. Leflette, present in the audience, felt the Board should discuss the resolution with the public before adopting the statement. Director Orton emphasized that the resolution would provide answers to some of the questions raised by the public and that the directors had individually discussed the issue with many members of the public and had received considerable feedback. Leflette then asked if the Board had publicly spoken to the citizens regarding the proposed tax and project to which the Mayor informed that the public hearing had been held during the preceding meeting. 346.5 During further discussion, Director Malone favored subjecting the resolution to public discussion since the resolution would involve the formal adoption of a position of the Board. In response to a question concerning the proposed center's architecture, Director Malone informed the audience that the resolution would express the Board's position that the building be compatible with the environ- ment. 346.6 When asked if the Board had considered alternative locations for the structure, Mayor Lancaster stated that the only location proposed to the Board was downtown Fayetteville. Ms. Sammie Taylor, present in the audience, questioned who was involved in promoting construction of the center. Mr. Robert Albertson believed the center was being heavily promoted by the financial institutions which would be involved with the financing of the center. Director Orton's response was that a cross-section of the community was interested in the center and that promotion of the center could not be attributed to any particular group. When members of the audience asked why a time limitation could not be placed upon the tax levy, the Board responded that the tax would have to remain in effect until repealed by the Board or until bonds secured with the pledge of the tax revenues had been paid off. Director Noland added that the current Board would not want to place restrictions upon a future Board by establishing a time limitation upon the tax levy. The City Attorney reminded that the issue at hand was not whether a continuing education center should be constructed nor whether or not revenue bonds should be issued, but whether or not a one percent tourist tax should be levied. Mr. Robert Alberston felt the tax would become a permanent levy after it had served the purpose for which it had been levied; therefore, he believed the tax should be rejustified at regular intervals, 346 The Board also discussed with the audience how members of the City Advertising and Promotion Commission, which would specify use of the tax revenues, would be appointed. Director Todd assured that normal procedures used in the selection of members of all other city boards and commissions would also be used in the selec- tion of membership for the CAP Commission. The City Attorney advised that of the seven commission members, four would represent the hotel, motel, and restaurant industry; one would be the Mayor; and two would be city directors selected by the Board of Directors. He noted that the representation of the CAP Commission was specified by state statute. Director Todd told the audience that the City had advertised for applicants for the commission prior to consideration of a tax levy so that the Board Nominating Committee would have ample time in which to consider the applicants and to avoid delays in case the tax were levied. Even though the initial deadline had passed for submission of applications for membership on the Commisssion, Director Todd believed that applications of rt particularly well-qualified persons could be accepted for a short time. CZ Director Todd, seconded by Orton, moved the resolution be amended to read: 347.2 gZ "That, in order to attain benefits cited above,..." The recorded vote was: 00 Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. In further discussion, Director Malone stated that he felt the Board was 347.3 ready to adopt an official statement regarding the continuing education center since the Board had conducted the public hearing and had, individually, spoken with many citizens. Discussion completed, the Mayor asked if the resolution should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. 4 pa 347.1 RESOLUTION N0. 15-77 APPEARS ON PAGE 128 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE LEVYING HOTEL, MOTEL, RESTAURANT GROSS RECEIPTS SALES TAX The City Attorney read for the first time an ordinance which would levy a one -percent tax on the gross receipts of hotel, motel, and restaurants. The ordinance, containing an emergency clause, stipulated that the tax would be effective April 1, 1977. When Director Orton questioned the necessity of the emergency clause, the City A1ttorney replied that, theoretically, the Board would not be able to appoint a City Advertising and Promotion Commission until 30 days following adoption of the ordinance. Director Todd felt the emergency clause should be included to allow immediate appointment of the Commission so that preliminary work could be done prior to collection of the tax. In regard to a possible referendum, the City Attorney said the referendum period normally did not begin until an ordinance had been published. In this case, he noted, applicable statutes specified that the referendum period would commence upon adoption of the ordinance. He said he would be inclined to opinion that the period would commence with adoption of the ordinance but that he would prefer to research the question before offering a formal opinion. 347 347.4 347.5 347.6 348.1 In response to a question from Director Todd, the City Attorney stated he did not believe the statutes would allow revenues from the tax to be pledged for general obligation bonds as well as revenue bonds. The pledge for general obligation bonds is based on the ad valorem tax base. Director Todd was concerned that, should the center be partially financed through the issuance of revenue bonds, the City might eliminate itself from future state financial aid which is being proposed for convention facilities financed through general obligation bonds. The City Manager was of the opinion that general obligation bonds could be voted with millage being used only if another revenue source is insufficient. Director Todd then pointed out that funds with which to finance a performing arts center might be greatly limited since it would be patronized primarily by local people. The City Attorney stated he would research the issue and submit a written opinion. 348.2 Director Noland, seconded by Orton, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the second time. 348.3 Director Noland, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the third and final time. 348.4 Director Malone, seconded by Todd, moved that Section 1(b) of the proposed ordinance be amended to provide that the tax shall be remitted on the 20th day of each month. The motion was withdrawn following discussion during which the Board concluded the tax would be paid according to provisions of the state sales tax with the tax payable as late as the 20th without penalty. 348.5 Mr. Jerry Rephan believed the Board should let the citizens express what would be in the interest of the quality of life in Fayetteville and should refer the tax levy to a vote of the people. Director Malone personally felt that the directors had been elected by the citizens to make decisions and that it would be impractical to refer each controversial issue to a vote of the people. He noted that only 500 signatures would be required to place the ordinance on the ballot. 348.6 Mr. Robert Albertson questioned whether the directors had discussed the proposed tax levy with all classes of people or just with those within their immediate contact. He also questioned the wording of the emergency clause and its reference to the public health, safety, and welfare and believed that the Board should more closely consider the additional strain which would be placed upon delivery of city services as a result of the construction of a continuing education center. Director Noland indicated he would agree to a referendum if the tax were to be paid by every citizen; however, since the tax would affect only those patronizing the motels and restaurants, he believed the Board should adopt the ordinance. 348.7 Mr. Carlos Hill, Fayetteville resident, believed the tax would discourage people from visiting the downtown area and felt the Board should take steps to encourage people to stay in the downtown business district. Another citizen commented that she did not want outsiders coming into Fayetteville and destroying the environment. She was also concerned that a complex which would attract tourists would also attract undesireable visitors. 348 349 When Albertson again questioned provision of adequate services, Director 349.1 Todd stated that recent correspondence from the City Manager reported that the Police Chief had indicated that the proposed center should not present any special problems for provision of police services. Todd emphasized that, in the case of two prior tax levy proposals, he was actively involved in efforts to place the proposals on the ballot. He believed the Board should decide this levy since relatively few signatures would be required to place the question on the ballot and since he did not think the complicated issue could be adequately explained to everyone that might be involved. There being no further comments, the Mayor asked if the ordinance should 349.2 pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland 1.0 Nays: None g� Absent: Hughes d- The Mayor declared the ordinance passed. Director Malone, seconded by Colwell, moved the emergency clause be adopted. 349.3 The recorded roll call vote was: OM Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the emergency clause passed. ORDINANCE NO. 2310 APPEARS ON PAGE 213 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING CITY ELECTRICAL CODE Left on first reading at the February 15 meeting, the ordinance would amend the city's electrical code to provide for safer electrical standards as recom- mended by <rneitbers of the City's Electrical Examining Board. The ordinance was read the second time by the City Manager. During discus- sion, Tom Tucker, chairman of the Electrical Examining Board, told the Directors that the proposed ordinance would clarify existing requirements of the National Electrical Code. In regard to location of electrical panels in clothes closets, Director Malone stated that the Fire Chief had reported that there had been no record of fires resulting from panels being located in closets and that no fires had been attributed to ignition of pull string switches. Mayor Lancaster read into the record correspondence received from the Fire Chief: February 16, 1977 Mr. Don Grimes, City Manager Fayetteville Board of Directors Ref: Electrical Breakers At the board meeting of Feb. 15, an ordinance was presented to require electrical breakers and light fixtures not be located in clothes closets. I was not present at the meeting but am told that my comments were that they were a fire hazard. My comments to the inspection officer were that they could be better located, in the event of fire, so we could make quick disconnect of the electrical in a certain part of the house. The breakers are not a fire hazard in themselves. What results 349 349.4 349.5 349.6 e, in a fire hazard would be to use the breaker box for other uses than what it was made for. I have checked our records and am unable to pin point a house fire that was the results of a breaker box being located in a clothes closet. I also cannot pin point a house fire that was cause by a pull chain light fixture being in the closet. This is not to say that it could not happen if you put a larger bulb in the closet and hang clothes over it for a period of time, but this is the human error that causes fires. My comments to the board would be that it would be better from the fireman stand point if the breaker box were on the outside of the house, but it is not as practical and certainly not to be classed as a fire hazard. Thank you very much. Yours Truly, /s/ Charles McWhorter, Fire Chief 350.1 Lengthy discussion followed concerning the proposed ordinance during which members of the Examining Board answered questions of the Board. Mr. Ken Rose, electrical contractor, opposed the changes on the basis that they would increase construction costs but would not insure that fire hazards would be decreased. Director Malone stated that, as a result of the Fire Chief's letter, he was in- clined to favor deletion of the requirement that panels not be located in clothes or linen closets. Director Orton, seconded by Colwell, moved that the ordinance be amended by deleting the sentence: "No electrical panel shall be installed in a linen or clothes closet." The recorded vote was: Ayes: Malone, Colwell, Orton, Todd, Noland Nays: None Abstain: Lancaster Absent: Hughes The motion was declared passed. 350.2 Malone emphasized that, when panels are located in closets, they must meet requirements regarding provision of adequate servicing space. Also in dispute was a proposed requirement that minimum size for aluminum wire shall not be less than #2. Mr. Rose contended that the #2 aluminum wire was not practical in some uses, particularly when wiring mobile homes. Mr. Tucker noted that mobile homes would have to comply with recently adopted federal regulations which require that mobile homes must meet specifications of the National Electrical Code. Tucker told the Board that the particular problem with aluminum wire was that some con- tractors were using aluminum wire for purposes which created safety hazards. 350.3 Director Malone, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Colwell, Orton, Todd, Noland Nays: None Abstain: Lancaster Absent: Hughes The motion was declared passed and the ordinance was read the third and final time. 350.4 Mr. Russell Purdy, present in the audience, spoke briefly and indicated his support of the #2 aluminum wire requirement since incorrect use of aluminum wire can create safety hazards. 350.5 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Colwell, Orton, Todd, Noland Nays: None Abstain: Lancaster Absent: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2311 APPEARS ON PAGE 215 OF ORDINANCE & RESOLUTION BOOK V 350 351 RESOLUTION REQUIRING ESTIMATES.OF COST INCREASES DUE TO CODE AMENDMENTS Director Todd moved adoption of a resolution which would provide that all 351.1 proposed changes to building, electrical, and plumbing requirements must be accompanied to the Board of Directors by an accurate estimate of the cost in- volved in the proposed change. He believed that cost factors should be con- sidered in conjunction with safety factors in making a valid decision regard- ing code amendments. He suggested that the staff prepare estimates to accompany proposed changes submitted for Board consideration. Director Malone seconded the motion to adopt the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. t"- Ct RESOLUTION NO. 16-77 APPEARS ON PAGE 130 OF ORDINANCE & RESOLUTION BOOK V at RESOLUTION AUTHORIZING EXECUTION OF OPTION FOR PURCHASE OF INDUSTRIAL PARK PROPERTY The proposed resolution would authorize the Mayor and City Clerk to execute 351.2 an option for the purchase of Industrial Park property by Hackney Brothers Body Company of Wilson, North Carolina. The option would bb for the purchase of tracts 11 and 12 at an option price of $3,000 and a purchase price of $101,080.00. The City Attorney advised that the optionee had requested the option be 351.3 amended to reflect that the property is properly zoned to permit the construction, use, and maintenance of a manufacturing plant on the premises. The Board concurred that the option be worded tp provide that the option shall not be assignable by the optionee without written consent of the optionor. The optionee had also re- quested that the phrase "reasonable time" be changed to read "within 90 days". Director Noland, seconded by Malone, moved tine amendments be incorporated into the option. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. Mr. Dale Christie was present in the audience and presented a brief progress 351.4 report on the Industrial Park. He said Hackney Brothers Body Company would be the fifth company to locate in the park and noted that, with this sale, the C4ty vinh h v ecove gd 5 -58 percent of its original S450,000 investment which represented OT e r 470'nug men acres, approximately 300 acres remained to be sold. Director Noland commended the Industrial Park Committee for encouraging, and securing, the location of "clean" industries in the Industrial Park. The City Manager requested Board approval of a letter of understanding with 351.5 Hackney wherein the company would agree to participate in 25 percent of the cost of paving Pump Station Road. Grimes expressed hope that arrangements to pave the road could be made and that industries would furnish materials with labor and equipment being furnished by the City. He said that Hackney and R & P Electro- plating had agreed to the arrangement so that base materials might be placed in the near future. He said other industries would be invited to participate as they locate in the park. Mr. Jerry Rephan stated that the City seemed to have a policy of promoting 351.6 growth in Fayetteville without knowing whether or not the city's citizens wished growth to continue. He contended that new industries which create new jobs do 1 351 not necessarily lend to the reduction of unemployment since persons from surround- ing areas might compute or relocate in Fayetteville in anticipation of employment. He suggested the Board conduct a study to determine how the citizens wished Fayetteville to develop. Director Orton shared concerns with Rephan and stated that the city encourages industries to employ local people but the city could not impose employment restrictions on them. Mr. Russell Purdy personally felt that Fayetteville should stay in its present state and not grow. However, he realized the Board had to consider what is best for the community in the long run since the area would undoubtedly continue to grow. He felt the best answer would be for quality growth with clean industries. 352.1 The City Attorney read the resolution to authorize the option. Director Todd, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION NO. 17-77 APPEARS ON PAGE 131 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT AMENDMENT - ADAP 6-05-0020-05 Drake Field 352.2 The City Attorney read a resolution to authorize execution of a grant agree- ment amendment to ADAP grant number 6-05-0020-05 for the Drake Field Airport to stipulate an increase in the maximum amount of federal participation to $296,843.80. 352.3 Director Noland, seconded by Todd, moved adoption of the resolution The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION N0. 18-77 APPEARS ON PAGE 132 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - 2012 West Sixth Street / Thomas H. Ward, petitioner 352.4 The petitioner requested a variance from the Sign Ordinance to allow him to erect a free-standing sign which would be four feet closer to street right-of-way than allowed by ordinance. Mr. Ward explained that he had a sign frame and base which he would prefer to use but the sign's size would require that it be set further from the right-of-way. 352.5 Director Orton was of the opinion that no hardship existed since Mr. Ward had the alternative of erecting a wall sign or erecting a smaller free-standing sign. Mr. Obert Undem was present in the audience and believed the petitioner would be put to additional and unnecessary expense to comply with what he believed to be "ridiculous requirement". He noted that the character of the neighborhood was hardly one of conforming signs. 352.6 Director Orton, seconded by Todd, moved that the variance be denied with the understanding that the petitioner and building inspector would work out a legal solution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the variance denied. 352 HOUSING ASSISTANCE POLICIES AND CRITERIA The Housing Assistance Plan Committee had recommended amended housing assistance policies and criteria for the 1977 program to be considered by the Board. Due to the absence of the CD Administrator, the City Manager recommended the matter be tabled. Director Orton, seconded by Noland, moved the item be tabled. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. 353.1 ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - North Street/College Avenue CQ et' The proposed ordinance, read the first time by the City Attorney would 353.2 CZ authorize the City Manager to have unsightly property conditions abated at the southeast corner of North Street and North College Avenue; would place a lien CC on the property for the City's expense in having the conditions corrected; and would authorize the City Attorney to enforce the lien within 18 months of com- pletion of cleanup. Director Todd, seconded by Noland, moved rules be suspended and the ordinance 353.3 placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the second time. Director Orton, seconded by Todd, moved rules be further suspended and the 353.4 ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: 353.5 Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2312 APPEARS ON PAGE 216 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING SALE OF PROPERTY - North Gregg/Elm Street The City Manager informed the Board that the City had acquired a parcel of property at the intersection of North Gregg and Elm Streets for the improvement of North Gregg. A portion of the parcel would not be needed for the project; therefore, he recommended the City sell the property to the most logical pur- chaser, Mr. James Kinzer, the owner of property adjacent to the parcel who had offered to purchase the parcel for $3,000. Director Malone questioned why the City had not invited bids for the sale of the property to which McCord advised that state statutes did not specifically require bids be invited for sale of real property. Malone noted that the parcel's dimensions were not sufficient to allow a structure to be erected according to City regulations. 353 353.6 353.7 354.1 The City Attorney read the resolution which was moved for adoption by Director Noland. Director Todd seconded the motion and the roll call vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION N0. 19-77 APPEARS ON PAGE 133 OF ORDINANCE & RESOLUTION BOOK V ADVERTISEMENT FOR BIDS AUTHORIZED - Lot 51, Methodist Assembly Plat / Oklahoma Way 354.2 The City Manager informed the Board that Lot 51, Methodist Assembly Plat, located on Oklahoma Way, was no longer needed by the City and recommended that the surplus property be sold and the land placed back on the tax rolls. 354.3 Director Malone, seconded by Orton, moved invitation of bids be authorized for the sale of the property. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. RESOLUTION OPPOSING LEGISLATION REQUIRING ELECTIONS FROM SINGLE -MEMBER WARDS 354.4 The City Attorney read a resolution opposing proposed legislation which would require members of a municipality's governing body to be elected from single -member wards. Director Todd, seconded by Orton, moved the resolution be adopted. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The resolution was declared passed. RESOLUTION NO. 20-77 APPEARS ON PAGE 134 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION OPPOSING LEGISLATION TO INCREASE MUNICIPAL EXPENDITURES 354.5 Director Orton, seconded by Todd, moved a resolution which would state the Board's opposition to legislation which would require the city to increase municipal expenditures unless the proposed legislation is subject to confirmation by the lcoal governing body. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION NO. 21-77 APPEARS ON PAGE 135 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS Bid 343 - Public Works Metal Storage Building 354.6 Purchasing Director Sturman Mackey recommended award of Bid 343 for a 50x95 foot Public Works metal storage building to Jack Burge Construction Company in the amount of $49,822.00 which includes acceptance of deductive alternate in the amount of $2,200.00. Mackey also recommended that a low bid from Dacon Construc- tion Company be rejected because the company is not licensed to perform the work of this type of contract. 354 1 1 Mackey then recommended the Board approve a 50x50 addition to the basic 355.1 structure which would be used by the Sanitation Department for storage of large Sanitation trucks. He noted that Jack Burge Construction had given written con- firmation of a guaranteed bid of $18,300.00 for the addition. The bid would be increased by $1,350.00 to provide overhead doors rather than sliding doors. Mackey told the Board that the addition had not been advertised as a part of Bid 343 and that it was not budgeted in the 1977 Sanitation budget. He felt the addition would be an important item to provide protection to Sanitation equipment during winter weather. He recommended that the addition be funded through the Sanitation 0 & M fund balance and paid through Sanitation Account Number 5090. He said the Public Works structure was budgeted in the 1975 and 1976 Revenue Sharing budgets. The Public Works Superintendent requested an additional over - 1.0 head door be provided for the original structure. CQ Director Malone moved that the recommendation of the Purchasing Officer be 355.2 et' accepted with an additional overhead door approved for the Public Works building. Z Director Noland seconded the motion. CO 'CO Director Todd questioned whether the proposed procedure was legal without having invited bids for the additional construction. Mackey stated that the addition had not been considered until after bids had been invited for the Public Works building. The City Attorney advised that bids should have been required for the addition. Mackey told the Board he believed there was an immediate and important need for the addition. He explained that, because of involvement of Revenue Sharing funds, contractors had to comply with federal wage rates. A readvertisement for bids on the project would result in delay since new wage rate information would have to be acquired, he said. In regard to the low bidder, Mayor Lancaster asked why the bid was opened if the bidder was not licensed to perform the work. Mackey said the license number was not indicated on the outside of the bid envelope. Lancaster felt that bids which are not eligible for consideration should not be opended. Director Malone moved the Public Works building be approved as recommended in the amount of $49,822.00 plus $675.00 for an overhead door: 355.3 355.4 The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. ORDINANCE WAIVING BID REQUIREMENTS - Sanitation Department Metal Storage Building The City Attorney read for the first time an ordinance to waive bid requirements 355.5 for a 50 x 50 metal storage building at a cost of $18,300 plus $1,350.00 for two overhead doors. Director Malone emphasized that the bids were being waived for the reason that the contractor would be at the job site, that the quoted price was favorable considering market conditions, and that further delays would be experienced in obtaining new bids which might result in increased cost. Director Malone, seconded by Orton, moved rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the second time. 355 • 356.1 Director Malone, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the third and final time. 356.2 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Noland Nays: None Abstain: Todd Absent: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2313 APPEARS ON PAGE 217 OF ORDINANCE & RESOLUTION BOOK V Bid 344 - Traffic Signs 356.3 The Purchasing Officer recommended the bid for traffic signs to improve inter- section signing under a 90 percent grant from the Arkansas Public Safety Program be awarded to U. S. Standard Sign Company of Toledo, Ohio in the amount of $10,897.45 and further recommended that the City purchase for its own use, materials and supplies under the same bid. The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a contract and grant agreement with the Arkansas Public Safety Program. 356.4 Director Malone, seconded by Todd, moved adoption of the resolution. The re- corded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the resolution passed. RESOLUTION NO. 22-77 APPEARS ON PAGE 136 OF ORDINANCE & RESOLUTION BOOK V Water and Sewer Department Tapping Machine 356.5 The Purchasing Officer reported that the Water and Sewer Department was in immediate need of a pipe tapping machine and recommended the City Manager be authorized to purchase the machine upon waiver of bid requirements and receipt of written quotations. 356.6 The City Attorney read an ordinance to waive bidding requirements for the purchase of the pipe tapping machine. 356.7 Director Malone, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance wasread the second time. 356.8 Director Malone, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed and the ordinance was read the third and final time. 356 1 3-1-77 There being no further discussion, the Mayor askeed if the ordinance should 357.1 pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2314 APPEARS ON PAGE 218 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS SUPREME COURT DECISION - City of Fayetteville vs. S & H, Inc., et al 11.0 Ski The City Attorney provided members ofthe Board with copies of the Arkansas 357.2 7' Supreme Court opinion regarding City of Fayetteville vs. S & H, Inc., et al C= concerning constitutionality of the Sign Ordinance amortization provisions for 0000 non -conforming on-site signs and the constitutionality of the requirement that flashing characteristics of pre-existing signs be immediately removed. He told the Board that the decision represented a landmark decision in 357.3 Arkansas but that the decision did not mean the City could enforce the amortiza- tion provisions of the Sign Ordinance against the billboards since litigation is pending against the city concerning that issue. He was of the opinion that the record did not establish the cost to alter the signs to conform with the ordinance but with the cost to eliminate the flashing characteristics. The basis for any rehearing, he felt, would be that the court was erroneous in its decision that the plaintiffs' non -conforming signs should not be required III to conform upon expiration of the amortization period because of the amount of money the plaintiffs would have to expend to alter or remove their signs. Again he noted that evidence of cost to remove or conform the signs was not introduced. He did not believe a rehearing should be requested since the request would likely be denied. He would, however, request the rehearing if the Board instructed him to. Director Malone suggested, and the Board concurred, that the City Attorney be given the authority to decide whether or not a rehearing should be requested. CITY ADVERTISING AND PROMOTION COMMISSION The Board concurred with a suggestion by Director Todd that the Board Nomina- 357.4 ting Committee submit recommendations for appointements to the City Advertising and Promotion Commission at the next regular meeting. PERSONNEL Following a brief executive session to discuss a personnel matter, the 357.5 City Manager explained that the Traffic Superintendent had made plans to resign to accept a position with a private company. Grimes stated that the Superintendent had received extensive training, some at City expense, and that it would be hard to find a qualified person to fill the position. Therefore, the City Manager recommended that a pay increase of $125 per month be granted the Traffic Super- intendent as an incentive for him to continue his employment with the City. Director Todd, seconded by Orton, moved the recommendation be accepted. The 357.6 recorded vote was: Ayes: Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Absent: Hughes The motion was declared passed. 357 ADJOURNMENT 358.1 There being no further business, the Mayor, with the Board's concurrence, declared the meeting adjourned. ATTEST: DARLENE WESTBROOK, City Clerk APPROVED: ERNEST E. LANCASTER, Mayor 358