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HomeMy WebLinkAbout1977-06-07 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 7, 1977 The City of Fayetteville Board of Directors met in regular session an June 7, 1977, at 7.30 p.m., in the Director's Room of the City Administration Building. N PRESENT: City Manager Don Grimes; City Attorney Jim McCord; City Clerk Darlene (1 Westbrook; and Directors Ernest Lancaster, Paul Noland, Al Hughes, David Malone, Philip Colwell (absent at roll call), and Marion Orton. QABSENT: None 4Z 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. Following a moment of respectful silence and roll call, the Mayor asked if there be any amendments to the minutes of the May 17, 1977 meeting. Director Orton requested that paragraph 411.2 be clarified to reflect she felt the boundary should not be withdrawn at this time if the City were going to apply restrictions for septic systems and inspect the systems. She felt the re- strictions should be applied to all developments of that area and that the City should keep the planning boundary. Once sewer was available to the area, then the Board could consider withdrawing the boundary. Orton also requested that para- graph 412.1 be clarified to reflect that thaDirectors concurred with the City Manager's statement regarding original intentions of Ordinance 2321. Director Todd requested paragraph 415.5 be clarified to reflect that the additional employee to administer the occupation license enforcement would also be responsible for administering the one -percent hotel, motel, and restaurant tax. There being no further amendments necessary, the Mayor declared the minutes approved as amended. SWEPCO RATE INCREASE REQUEST At the May 17 meeting, the Board of Directors deferred consideration of a resolution which would state its position regarding a recent SWEPCO rate increase request before the Public Service Commission (PSC). The Board had been requested by the Arkansas Community Organization for Reform Now (ACORN) to consider a reso- lution which would request that the PSC re-evaluate the request for increased rates. Mr. Kerry Rogers, representing ACORN, was present to request that the Board adopt a resolution to urge the PSC to re-evaluate SWEPCO's rate increase; that the PSC consider a readjusted rate scale in line with Presidential proposals; and that the PSC look more closely at SWEPCO's construction cost included in the rate request. Rogers stated that ACORN believed the Directors had an obligation 1 1 1.1 1.2 1.3 1.4 1.5 1.6 2 to the citizens to represent the views of the people who elected them. ACORN supported a closer look at the rate increase from the standpoint of energy con- servation, economic hardship to low and moderate income groups, and fairness in regard to equitable rates for all electric consumers. 2.1 Mr. B. I. Fouke, SWEPCO manager, urged the Board not to adopt a resolution, particularly since the rate increase had not yet been considered by the PSC. Fouke discounted claims by ACORN which he felt contained inaccuracies and assured that SWEPCO had followed the required procedure for rate increase requests. He noted that the authority for considering and making determinations on rate re- quests was vested in the PSC by act of the legislature. The rate increase request is the first such request by SWEPCO in its 60 -year history, Fouke stated, and would be subject to expert testimony during public hearings yet to be scheduled. Fouke believed that a resolution from the Board might indicate that the Directors did not have confidence in the performance of the PSC in considering the interests of all parties to be affected by the proposed increase. 2.2 Rogers stated that ACORN did not expect the Board to adopt a resolution ex- pressing opposition to the increase but to request a reconsideration of the rate request. Fouke reminded that the request had not yet been considered by the PSC nor scheduled for public hearing. Mr. Wilbur Watson was present in the audience and reminded ACORN members that they would have the opportunity to attend the public hearing conducted by the PSC at which time their views could be presented. 2.3 Director Hughes believed it would be inappropriate for the Board to become involved in the issue at this time. Director Todd emphasized that the Board of Directors was not qualified to judge the rate request and, although ACORN pre- sented legitimate questions, questions concerning the issue should be addressed to the proper authority. A motion by Director Hughes that the Board not submit any resolution to the PSC died for lack of second. (Director Colwell arrives) 2.4 Director Todd read a proposed correspondence addressed to the PSC which would express the Board's support of energy conservation and utility rates which take energy conservation into account. The proposed letter also expressed the Board's request for PSC consideration of application of time -of -day rate differentials to Fayetteville if a study indicates economic feasibility. 2.5 Director Todd moved the Board authorize the City Manager to forward the letter to the PSC. The motion was seconded by Director Orton and the recorded vote was: Ayes: Malone, Orton, Todd, Noland Nays: Hughes Abstain: Lancaster, Colwell The motion was declared passed. SEWER INFILTRATION STUDY REPORT 2.6 The City Manager recommended deferring a report of the sewer infiltration study until the meeting of June 21. Director Hughes, seconded by Orton, so moved. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. MASTER STREET PLAN WAIVER REQUEST - Rollston Avenue / T. L. Nelms 2.7 Mr. T. L. Nelms, owner of Restaurant On The Corner, had requested a waiver of Master Street Plan setback requirements for the portion of Rollston Avenue 2 1 1 1 N UARTS COMMISSION ESTABLISHED • • between Dickson and Watson streets to allow an addition to his restaurant to be constructed. His request for a' 16 -foot variance had been denied by the Board of Adjustment. Director Hughes informed the Board that the Board of Adjustment, according to news media reports, had not found that a hardship existed and that a waiver allowing the planned construction would cause the City to have to purchase right-of-way if Rollston Avenue were ever widened. He said the Board of Adjust- ment had provided Mr. Nelms with an appropriate alternative. Mr. Nelms was not present to speak in behalf of his request. Director Colwell, seconded by Orton, moved the waiver request be denied on the basis of the Board of Adjustment decision. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. i 3 The Steering Committee of the Northwest Arkansas Cultural Center Committee had requested the Board to consider establishment of an Arts Commission to ad- minister a proposed city cultural center. Mrs. Linda Welch was present to address the Board and to brief them as to preliminary plans for establishment of a city cultural center which would provide space for pursuit of artistic endeavors. A Board of Directors was envisioned to be established as the center's controlling authority and would be comprised of civic and business leaders as well as repre- sentatives of the arts. The Board would supervise and regulate the activities of the center and would assist in obtaining funds for the various art groups to operate. She said the center would provide a location at which to provide artis- tic activities not already available and would provide a local market place for artistic work. Mrs. Welch also said it was proposed that the Arts Commission, a public entity, would submit a bid for the Old Post Office building as the location fdrthe cultural center. Financing the center was proposed to be accomplished through the sale of supporting memberships, fund drives, state, federal, and private grants, income from classes, gallery, and art supply shop. Mr. Lynn Wade also addressed the Board regarding the proposed bid for the Old Post Office. He said the public art commission, as opposed to a private, non-profit commission, would be enabled to secure funds from governmental agencies as well as private sources. He requested that, if the Arts Commission was established, the Commission be authorized to submit a bid for the purchase of the Old Post Office which was proposed to be restored and used as the cultural center. He emphasized that the Commission would not ask financial aid from the City and that there would be no obligation to the City's general fund. Title to the real estate would be vested in the City. Director Orton favored the proposal and stressed that the project could not rely upon financial aid being available from City funds. Following slight further discussion, Director Orton moved that the City Board authorize the City Attorney and Mr. Wade to draft an ordinance to establish an Arts Commission. The motion was seconded by Director Noland and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. Director Malone moved that the City make a bid to the Fayetteville Housing Authority for the purchase of the Old Post Office for the sum of $42,700 condi- tional upon: 1)) that the bid be submitted with the understanding that no special 3 3.1 3.2 3.3 3.4 3.5 3.6 4 or general obligation will be incurred by the City; 2) any bid bond would be pur- chased byinterestedpersons and not paid by the City; and, 3) that the bid be conditioned upon raising the total sum of $42,700 on or before five days be- fore the final day of consideration of bids. The motion was seconded by Orton and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. DOWNTOWN SQUARE PARK 4.1 The Parks and Recreation Advisory Board requested a resolution charging them with the responsibility of determining the plantings of the downtown park area around the square. 4.2 Director Orton stated that she did not see the project as an appropriate use of general funds and cited some parks projects that, once completed, were unable to be maintained due to lack of finances. She felt the downtown merchants should finance the project and its maintenance. 4.3 In response to the intention of the Advisory Board to request funds from the City Advertising and Promotion Fund, Director Malone reminded that the funds had been committed for a continuing education center and that funds for maintenance of the park probably would not be available. Director Hughes moved the request be denied but the motion died for lack of second. 4.4 Mr. Chad Kumpe, Fayetteville Housing Authority Director, was present and stated it was his understanding that the Advisory Board would like to have input for the planning of the park since the park would eventually become City property upon completion of the Urban Renewal project. 4.5 Director Malone moved the City Board, City Parks and Recreation Board, and the Advertising and Promotion Commission be presented with sufficient information from the Housing Authority as to what is proposed for the square area so the City Board can respond as to what it will do in the area. The motion was seconded by Noland. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. ORDINANCE REZONING PROPERTY - R77-11 / Highway 16 West / Russell P. Jack, petitioner 4.6 The rezoning petition requested rezoning a 21.7 acre tract located on the south side of Highway 16 West approximately 1,000 feet west of Highway 71 from A-1 Agri- cultural to R-0 Residential Office and R-2 Medium Density Residential. The City Attorney read an ordinance to rezone the property as recommended by the Planning Commission. 4.7 Director Noland, seconded by Hughes, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 4.8 The Planning Commission had recommmended that the property be rezoned to align the requested R-0 with an R-0 tract directly to the west and to rezone the remainder of the parcel R-2 with the southern boundary aligning with existing C-2. Director Orton requested the Board consider an alternative rezoning plan proposed by the planning consultant which would align the requested R-0 with existing C-2 to the east; the R-2 with existing R-2 to the east; with the remainder of the tract re- maining A-1. She noted there were problems with sewer capacity in the area and that the possibility existed that portions of the property could be sold which 4 1 1 1 1 V• 5 would be beyond 300 feet of the sewer where connection to the sewer could not be required. The City Attorney advised that, as a precaution, the Board should base all rezoning decisions on the basis that a court would decide that all developments located beyond 300 feet of sanitary sewer would not be required to connect to the sewer. Mr. Rick Bey, representing the petitioner, stated that the petitioner would file a bill of assurance to the effect that no development would occur until sewer is available to the area. He told the Board that the document would be applicable to the entire tract under consideration. Director Orton, concerned that the R-0 classification would;allow a high-rise apartment 'building in an area with inadequate sewer facilities, moved the ordi- nance be amended to correspond with the recommendation of the planning consultant. The motion died for lack of second. Director Hughes, seconded by Malone, moved rules be suspended and the ordi- nance placed on third and final reading. The recorded vote was: :Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None 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: Ayes: Hughes, Malone, Lancaster, Colwell, Todd, Noland Nays: Orton The Mayor declared the ordinance passed. ORDINANCE NO. 2339 APPEARS ON PAGE 258 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-15 / Highway 16 East / Larry Martin, petitioner 5.1 5.2 5.3 5.4 The petitioner had requested rezoning a .98 acre tract located on the south 5.5 side of Highway 16 East,approximately 2,000 feet west of the West Fork bridge, from R-1 Low Density Residential to R-2 Medium Density Residential. Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- 5.6 nance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Colwell, moved rules be further suspended and 5.7 the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. There being no discussion nor comments from the audience, the Mayor asked if 5.8 the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2340 APPEARS ON PAGE 259 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-16 / Old Farmington Road / Mrs. Delford Huey, petitioner The petitioner had requested rezoning a .2 acre tract located on the north Side of Old Farmington Road approximately 200feet west of Sandra Street from A-1 Agricultural to R-1 Low Density Residential. The City Attorney read the ordinance the first time. 5 5.9 6 6.1 Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 6.2 Director Hughes, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 6.3 There being no discussion nor any comments from the audience, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2341 APPEARS ON PAGE 260 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-17 / Appleby Road / Wade Bishop, petitioner 6.4 The petitioner requested rezoning a 50 acre tract of land located north of the east/west portion of Appleby Road, from A-1 Agricultural to R-2 Medium Density and R-0 Residential Office. The City Atotrney read an ordinance to rezone the property as requested. 6.5 Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 6.6 Director Orton noted that no more than ten units per acre were recommended to be placed in the R-2 zone. Mr. Bishop replied that he had agreed to the limitation and that he would be willing to execute a bill of assurance to that effect and also to the effect that no development would occur which is located further than 300 feet from available sewer. 6.7 There being no further discussion, Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2342 APPEARS ON PAGE 261 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-18 / Prairie Street & Gregg Avenue Exxon Company, petitioner 6.8 The petitioner had requested rezoning a .89 acre tract located at the southeast corner of Prairie Street and Gregg Avenue from I-1 Heavy Commercial and Light In- dustrial to I-2 General Industrial. The City Attorney read an ordinance to rezone the property as requested. 6.9 Director Orton did not believe an I-2 classification would be appropriate since the land could conceivably be sold in the future and an undesireable use could occur. She was also concerned that a change to I-2 would create precedent for 6 1 1 1 1 • 1 ry ,P6-, other bulk fuel storage companies to request similar rezonings at other locations { throughout the City. She suggested the request be tabled to allow amendment of the zoning ordinance to include bulk fuel storage tanks as a conditional use in I-1 zones. As a conditional use, Orton said, the Planning Commission could re- quire certain conditions be met. The -Board acknowledged a petition containing 24 signatures in opposition to the rezoning. Mr. Chuck Ogburn, representing the petitioner, stated that the original re- 7.1 quest had been for a conditional use but that the Planning Commission requested the rezoning. He said his company was obligated to satisfy EPA and OSHA requirements and that the company desired to install underground tanks to provide greater safety, eliminate evaporation, and improve appearance. Mr. Ogburn indicated to the Board that a time factor was involved and desired the matter be decided. (U Following discussion regarding the most expedient way to dispose of the request, (Y) Director Orton moved that the Board adopt an ordinance to allow bulk fuel storage 1.0 tanks as a conditional use in I-1 districts. The motion was seconded by Noland. U The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. During further discussion, the Board debated whether the use should be a 7.2 conditional or permitted use. The Board finally concurred that the use should be permitted so long as the tanks were to be underground. The City Attorney read an ordinance to amend Section VI of Appendix A of the Fayetteville Code of Ordi- nances to create Use Unit 27 -- Underground Storage Tanks -- as a permitted use. The ordinance contained an emergency clause. Director Malone, seconded by Hughes, moved rules be suspended and the ordi- 7.3 III nance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays; None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Malone, moved rules be further suspended and the 7.4 ordinance placed on third and final reading. The recorded vote was: .Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None 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. 7.5 The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. .m ORDINANCE NO. 2343 APPEARS ON PAGE 262 OF ORDINANCE & RESOLUTION BOOK V Director Hughes, seconded by Malone, moved rules be suspended and the ordi- nance to rezone the property placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None Tho motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 7 7.6 7.7 s 8.1 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: None Nays: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland The Mayor declared the ordinance failed. ORDINANCE AMENDING SIGN ORDINANCE - Directional Signs 8.2 As a result of a sign variance request heard by the Board at the May 17 meet- ing, the City Manager formulated a recommendation that the sign ordinance be amended to permit directional signs for public or non-profit facilities that are principally attended by out-of-town patrons or for facilities relating to public health, safety, or welfare. He proposed such signs could be fabricated, erected, and maintained by the City Traffic Department with costs being borne by the party requesting the sign. Such sign could be installed on City street name sign posts or traffic sign posts and only at locations where they would not constitute a traffic hazard. The signs would be of uniform size and style and would be required to comply with the Uniform Traffic Control Device Manual. 8.3 The City Attorney read an ordinance incorporating the City Manager's recom- mendation. Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 8.4 Director Orton felt the ordinance should establish a maximum limit for the number of signs each entity would be permitted to erect, and that scenic or historic markers should be included in the ordinance but with no limitation as to the number allowed. She moved the ordinance be amended to include provisions for scenic route indicators and historical markers. The motion was seconded by Director Todd and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. 8.5 Director Orton then moved to allow that a maximum limit of five signs per public facility, historical markers and scenic route markers excepted. The motion, seconded by Todd was withdrawn in favor of a motion by Director Malone to es- tablish a maximum limit of seven signs per facility. Malone's motion was seconded by Director Hughes. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Todd, Noland Nays: Orton The motion was declared passed and the ordinance was read the third and final time. 8.6 Director Malone, seconded by Noland, moved that Section 1(c)(1)(a) be amended to read: "The signs direct the reader to the location of a public facility attend- ed principally by out-of-town patrons, or a facility operated by a non-profit entity attended principally by out-of-town patrons, or a facility relating to the public health, safety or welfare." The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. 8.7 The Mayor asked if the ordinance should pass as amended. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed as amended. ORDINANCE NO. 2344 APPEARS ON PAGE 263 OF ORDINANCE & RESOLUTION BOOK V 1 1 1 1 SIGN APPEAL - Mount Sequoyah Methodist Assembly At the May 17 meeting, the Board tabled disposition of a sign appeal by the Mount Sequoyah Methodist Assembly to allow lcoation of several off-site directional signs to remain posted throughout the City. The purpose for de- laying action on the appeal was to allow determination of situations where directional signs might be allowed to be posted on public right-of-way. In view of the preceding amendment to the sign ordinance, Mr. Truman Yancey, representing the petitioner, requested the Board allow him to withdraw the appeal. Director Hughes, seconded by Colwell, moved to allow withdrawal of the appeal and the appeal fee refunded. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. STREET CONSTRUCTION STANDARDS WAIVER REQUEST - West Berry Street Mr. Ken Lazenby had requested a waiver of street construction standards for extension of West Berry Street to allow him to construct the street following specifications of the existing paved portion of the street. Without the exten- sion,lots which Mr. Lazenby owned could not be developed. The City Manager stated he felt the City should try to let the lots be developed but that he was not sure what procedure should be followed. He stated he was inclined to approve this request with like requests being considered on ,an individual basis. He did recommend that construction of a cul de sac should be required as well as two inches of asphaltic concrete. Director Malone moved the City Manager's recommendation. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. ORDINANCE VACATING STREET - Birch Street A petition had been filed with the City Clerk by G. L. Heckathorn req the closing of a portion of Birch Street located south oflAsh Street, north Sycamore Street and west of the Frisco railroad tracks. The City Attorney an ordinance to close the street as.requested. Director Hughes, seconded by Malone, moved rules be suspended and the mance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Orton, moved rules be further suspended ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was There being no discussion nor comments from the the ordinance should pass. The recorded vote was: Aye's: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. uesting of read ordi- and the read the third and final time. audience, the Mayor asked if ORDINANCE NO. 2345 APPEARS ON PAGE 265 OF ORDINANCE & RESOLUTION BOOK V The City Manager explained that Birch Street could not be used after construction of the Sycamore Street railroad crossing because of the grade which would result from additional fill. 9 9 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 10 ARCHITECT SELECTION - Continuing Education Center 10.1 The Board, at the May 17 meeting, had limited consideration of selection of an architect for the continuing education center to the association of Hailey-Powers/Ernest Jacks; Paul Young and Associates; and Greener and Sumner/ Warren Segraves. Director Malone noted that the Board had received a letter from Se r ves stating that he was no longgeetr associated with Greener & Sumner. Orton 10.2 a erDpresen as o��'os aaenro�osaitef sheotelthtietclisselutlp raitepeuitgeigndcler$sostatuss. selection s'nce he had been out-of-town when interviews of the candidates had been conducted. A roll call vote was taken, the results of which were: Segraves: Hughes, Malone, Lancaster, Colwell, Noland Jacks: Orton Abstain: Todd Mr. Segraves was announced as the architect selected to design the structure. 1 ARCHITECT SELECTION - Drake Field Terminal 10.3 The Board considered selection of an architect for the design of an ex- pansion to the Drake Field terminal building. Director Orton stated that the Board had experienced considerable pressure and "political shenanigans" than almost anything they had ever considered. She indicated her personal resentment of the unprofessional tactics which had been employed*.* Upon roll call vote the following result was recorded: Young: Hughes, Lancaster, Colwell, Noland Jacks: Orton, Todd Abstain: Malone Mr. Young was announced as the architect selected to design the structure. ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - 876 Mission 1 10.4 The City Attorney read an ordinance to authorize the City Manager to have un- sightly conditions corrected at 876 Mission. Noting that two other locations had originally been scheduled for the same action, the City Attorney stated that steps had been taken to correct conditions at 200 South College and at North Highland. 10.5 Director Todd, seconded by Colwell, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 10.6 Director Colwell, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 10.7 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2346 APPEARS ON PAGE 267 OF ORDINANCE & RESOLUTION BOOK V **10.3 Orton mentioned receipt of "threatening"letters and asked the City Attorney if any of the letters indicated the City had made a previous, binding commitment for design of the ter- minal expansion. The City Attorney replied that, based on the two letters and information from the City Manager, no existing binding contracts existed. 10 11 RESOLUTION AUTHORIZING EXECUTION OF LEASE 111 The City Attorney read a resolution authorizing the execution of a two-year lease with Broadcasting Associates, Inc., for office space in the basement of the KHOG building to house the data processing section of the Finance Department. The rental rate would be $125.00 per month. The City Manager stated that more space was trying to be secured to relieve Crowded conditions of the administrative building and to provide a more efficient operation. Rental expenses were included in the 1977 General Budget, he noted. Director Hughes contended that the space did not have adequate emergency exits and further stated that, because of the inadequate exits, he did not think the City would have been able to obtain a building permit for remodeling work which (V had been done. CO Director Colwell, seconded by Noland, moved the resolution be adopted. The 11) recorded vote was: U Aye: Malone, Lancaster, Colwell, Orton, Noland Nays: Hughes, Todd The Mayor declared the resolution passed. RESOLUTION NO. 45-77 APPEARS ON PAGE 167 OF ORDINANCE & RESOLUTION BOOK V APPOINTMENTS TO CITY BOARDS AND COMMITTEES CITY ADVERTISING AND PROMOTION COMMISSION a i 11.2 11.3 Director Todd moved the appointment of Mr. Don P. Farrel to fill the unex- 11.4 pired term of Jim Smith -- the term to expire March 1, 1979. The motion was seconded by Director Malone. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. COMMUNITY DEVELOPMENT COMMITTEE Director Todd moved the following nominations for appointment to the Community Development Committee for terms to expire July 1, 1980: Beverly Melton, Sylvia Swartz, Ellen Halpern, Carl Russell, William Schwab, Candice Buchanan, Mollie Wilson, and Alice Ludwick. He also moved the nomination of Mr. Jim Herrin to fill an unexpired one-year term expiring July 1, 1978. The motion was seconded by Malone. There being no further nominations, the Mayor asked if the motion should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None he motion was declared passed. 1 irecr U tonbelieved More low-income persons should be appointed to CD committees.he noted hat low-income persons aapplied tor membership outad nobeen seec td. HOUSING ASSISTANCE PLAN COMMITTEE Director Todd moved the appointment of Nicholas Brown and Rick Kacenski, for terms expiring July 1, 1980, to the Community Development Housing and Assistance Plan Committee. The motion was seconded by Director Hughes. There being no further nominations, the Mayor asked if the motion should pass. The recorded vote was: ;Ayes; Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. 11 11.5 11.6 12 POLLUTION CONTROL AND ENERGY COMMISSION 12.1 Director Todd moved the nomination of 0. Michael Green and Frasier Stephens for terms to expire October 1, 1978. The motion was seconded by Director Hughes. There being no further nominations, the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. BROOKSIDE EAST SUBDIVISION BRIDGE CONSTRUCTION 12.2 Mr. Jerry Sweetser, developer of Brookside East subdivision, had requested the City participate in the cost of constructing a bridge on Azalea Terrace. 12.3 The City Manager noted that, several years ago prior to Sweetser's acquisi- tion of the subdivision site, the Board of Directors adopted a policy by which the City could participate in cost of a bridge or box culvert construction with the developer being responsible for the cost of the first 50 square feet of area and participation of the City to be at the discretion of the Board based upon the public benefits to be derived, and City participation not intended as a method of sub- sidizing the subdivision by the public. 12.4 Sweetser was present and stated he felt the City should participate in the cost since the bridge would enable Azalea Terrace to serve as a connecting artery between proposed developments to the south and Old Wire Road. He also noted that the bridge would aid in providing access for fire apparatus. 12.5 Director Orton emphasized that the Board had not voted to participate in the cost of the construction, only on the policy which would allow them to parti- cipate. She did not favor expenditure of the City funds in a sparsely populated area and questioned source of funds for participation in the project. 12.6 Director Noland, noting that the bridge construction had been completed, stated that Sweetser would have been in a better bargaining position had he re- quested participation prior to construction. Following slight discussion as to the extent which the City should participate, Director Noland moved the City participate in the amount of $6,000 with funds being obtained from the 1977 Revenue Sharing Street Contingency Fund. The motion was seconded by Todd. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Todd, Noland Nays: Orton The motion was declared passed. RESOLUTION AUTHORIZING PURCHASE OF PROPERTY - South View Addition (Mt. Sequoyah) 12.7 The City Attorney reported that an independent appraiser had avised him that lots 7 and 8 of the South View Addition could be valued at $4,000 and that it was recommended the City purchase the lots to avoid possible litigation. Miss Suzanne Lighton, trustee of the Suzanne C. Lighton Trust, owner of the property, contended that construction of two large water storage tanks near the lots had rendered the lots worthless. 12.8 The City Attorney advised that the abstract would be prepared and that he would review the abstract. The City Manager recommended purchase of the lots with the intent of recovering the purchase price through resale of the property. 12.9 Director Hughes, seconded by Noland, moved the resolution be adopted. Noland stated that his second was made with the understanding that the lots would be resold. 12 1 1 13 There being no further discussion, the Mayor asked if the motion should 13.1 pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 46-77 APPEARS ON PAGE 168 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING AMENDMENT TO SEWER CONTRACT - City of Farmington The City Attorney read a resolution to authorize an amendment to the Farming- 13.2 ton Sewer District Number One contract to allow Farmington to contract for sewer (U taps. The City Manager recommended approval of the amendment. Director Noland, (Y) seconded by Todd, moved the resolution be adopted. The recorded vote was: LO Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland U Nays: None The motion was declared passed.. Q iRESOLUTION NO. 47-77 APPEARS ON PAGE 169 OF ORDINANCE & RESOLUTION BOOK V 1 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT - Skull Creek Bridge The City Attorney read a resolution authorizing the execution of a contract 13.3 wat•h McClelland Consulting Engineers for engineering services required for con- struction of the Skull Creek bridge and drainage structure in conjunction with Sycamore Street improvements'. The City Manager recommended approval of the reso- lution. Director Noland, seconded by Todd, moved the resolution be adopted. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland !Nays: None The motion was declared passed RESOLUTION NO. 48-77 APPEARS ON PAGE 170 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BID - North Street Sewer The staff had recommended award of bid for the North Street sewer line reloca- 13.4 tion to Tri -City Construction Company in the amount of $78,945. Directors -Hughes and Orton cited Tri -City's poor quality of work and felt that, 13.5 if the City chose Tri -City, the City should make certain the company will repair construction damage. The City Manager stated that construction clean-up would not be a critical matter since another construction crew would follow Tri -City. Director Noland, seconded by Hughes, moved the bid be awarded as recommended. 13.6 The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Todd, Noland Nays: None Abstain: Orton The motion was declared passed. OTHER BUSINESS ,AUTHORIZATION FOR BID INVITATIONS - Sanitary Landfill The City Manager requested authorization to advertise for bids for provision of sanitary landfill facilities for the City. Grimes said he would like for the 13 13.7 14 bids to be opened in September. Director Colwell, seconded by Noland, moved the advertisement for bids be authorized. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Orton, Todd, Noland Nays: None The motion was declared passed. AUTHORIZE PURCHASE OF CHAIRS 14.1 The City Manager requested authorization for purchase of 15 chairs for the Board room at a price of $151 each. Director Hughes, seconded by Colwell, moved the authorization be granted. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,ftton, Noland Nays: Todd The motion was declared passed. APPOINTMENT OF BUILDING CODE STUDY COMMITTEE 14.2 The Mayor appointed a committee comprised of Directors Hughes, Todd, and Malone to study current building codes to determine what extent the codes affect the cost of construction. He requested that they report the results of their study to the Board. ANNOUNCEMENT OF INTENT TO RESIGN 1 14.3 Director Orton announced to the Board her intention to resign her Director position effective July 31, 1977. She hoped the person appointed to fill the vacancy would II/be someone interested in her concern of land use planning, solid waste, citizen participation and environmental quality. Her main request was that the appointee be a woman. Orton stated she wished to resign in order to be able to accompany her husband to Iran for a one-year teaching assignment. MISCELLANEOUS 14.4 1. Director Todd noted that City bank reconciliations indicated that large amounts of cash were lying idle. He questioned whether the funds might be invested. The City Manager assured Todd he would discuss the subject with the City Controller. 14.5 2. In response to a question from Director Todd, the City Manager informed that the Fire Department had inspection programs to inspect structures for fire safety. The Fire Department could not, however, inspect private residences without being invited to do so. ADJOURNMENT 14.6 There being no further business, and upon motion by Director Hughes, the Mayor declared the meeting adjourned. ATTEST (axtbalittoba# DARLENE WESTBROOK, City Clerk 14 APPROVED: /�Iylrri t -e7 A ,a isd ERNEST E. LANCASTER, Mayor 1