Loading...
HomeMy WebLinkAbout1978-04-18 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS 219 The Fayetteville Board of Directors met in regular session on April 18, 1978 ; 7:30 p.m., in the Board Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone (arriving late), Philip Colwell, and Ann Henry; City Manager (v Don Grimes, City Attorney Jim McCord, and City Clerk Darlene Westbrook CO ABSENT: None V OTHERS PRESENT: Members of the audience and representatives of the news media. Q Q CALL TO ORDER The meeting was called to order by MayorErnest Lancaster. Following a moment " 219.1 of respectful silence and roll call, the Mayor asked for consideration of the first item of business. ORDINANCE ESTABLISFIING PARKING VIOLATION FINE The proposed ordinance would provide for a fine for violation of the two-hour unmetered parking zones in the downtown square area. The City Attorney noted that previous City Ordinance provides that the traffic engineer is authorized to designate two-hour parking zones. City Manager Grimes informed he had met with Downtown Fayetteville Unlimited representative, Mr. Paul Lewis, who expressed the downtown merchant's desire to curb violation of the two-hour parking limit for unmetered spaces. Grimes recommended levy of either a two or three dollar fine and that violators be ticketed by the City's meter maids. Grimes said the meter maids could be supplied with a map of unmetered spaces upon which they could note license numbers. The spaces could then be spot checked every few hours and violators ticketed. Grimes said he did not intend to increase the ticketing staff in order to provide enforcement of the two-hour limits. Director Colwell recalled the original arrangements leading to the provision of unmetered parking on the square. He recalled that employees in the downtown area had signed petitions expressing their intent not to abuse the free parking so that customers would have parking spaces. He also recalled that the merchants had said they would police the spaces to assure their employees would not use them. Now, he said, not only are the employees abusing the free parking provisions, the merchants are requesting the City to provide the enforcement. Colwell felt the en- forcement of the two-hour limit would be time consuming and he did not believe it to be the City's responsibility to provide the service. Mr Paul Lewis, present in the audience, acknowledged that employees had been using the spaces. Lewis said his organization intended to conduct some advertising which would inform the public of the purpose and intent of the proposed ordinance. Grimes said he anticipated the cost of providing -the enforcement would be offset tlh•rough collection of fines. He noted, too, that violations would most likely decrease shortly after initiation of the enforcement. 219 219.2 219.3 219.4 219.5 219.6 4/18/78 220 220.1 The City Attorney read the ordinance to establish a fine of $2.00 per offense for violation of the two-hour parking zone in unmetered spaces. Director Hughes, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the second time. 220.2 Director Hughes, seconded by Henry, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the third and final time. 220.3 City Attorney McCord said that, although the fine would not be less than $2.00, a maximum fine of $500 could be made since the violation would be classified as a misdemeanor. 220.4 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Henry, Todd Nays: Colwell Absent: Malone ORDINANCE NO. 2434 APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION BOOK VI 220.5 Director Henry, seconded by Hughes, moved the two-hour parking limitation be in effect from 8 a.m., through 5 p.m., Monday through Saturday. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed. 1 ORDINANCE LEVYING STREET IMPROVEMENT ASSESSMENTS - Improvement District 77-1 / Sycamore 220.6 The City Attorney reported that assessments of benefits for Sycamore Street Improvement District 77-1 had been filed with the City Clerk and notice of the filing of assessments had been published. He informed that no appeals of assessments had been received. He read for the first time an ordinance which would levy the assessments. 220.7 Director Hughes, seconded by Noland, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the second time. 220.8 Director Hughes, seconded by Henry, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the third and final time. 220 4/18/78 221 There being no discussion nor comments from the audience, the Mayor asked 221.1 if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The ordinance was declared passed. ORDINANCE NO. 2435 APPEARS ON PAGE 44 OF ORDINANCE & RESOLUTION BOOK VI STREET STANDARDS WAIVER REQUEST - Palmer Place Residents of Palmer Place had requested waiver of street construction 221.2 (U standards to allow paving of Palmer Place . Residents would provide materials CO and the City would provide labor and equipment. Director Hughes moved the waiver IS) be granted. U Director Noland questioned upon which criteria Hughes based his motion. 221.3 Q Noland questioned whether or not the street met the criteria that an eligible street must be utilized by public through traffic. Noland said the street to the Q south,.which is in the same condition as Palmer and also needs paving, seemed to be more qualified for paving than Palmer Place. If the Board is to consider through street criteria, he felt Nettleship, rather than Palmer, should be paved. Director Colwell noted that terrain was such that public through streets would 221.4 probably not exist. He said that drainage from Hartman Street is diverted onto property along Palmer Place. Hughes noted that the Board had been thinking more in terms of lengthy streets when the new criteria were adopted, but he•felt that Palmer Place was accommodating much more traffic now. Although other Directors 111 disagreed, Hughes felt paving Palmer would result in easing Razorback Road traffic. Mr. Tom Bohannon believed the expense of paving the street would alleviate 221.5 City maintenance of the gravel road. He noted that with each large rainfall, the City crews had to come to clear the wash. Another Palmer Place resident said that an increasing amount of traffic uses Palmer Place as a route to the Ramay and West Campus school facilities. Director Colwell seconded Hughes' motion to waive street construction standards 221.6 for Palmer Place. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed. ORDINANCE REZONING PROPERTY - R78-8 / Center & County Avenue / Lamar Pettus, petitioner The petitioner had requested rezoning a .38 acre parcel, located on the south- 221.7 east corner of Center Street and County Avenue, from R;2 Medium Density Residential to C-3 Central Business Commercial. The City Attorney read the ordinance to re- zone the property as requested and as recommended by the Planning Commission. McCord reported that Mr. Pettus had offered a bill of assurance to restrict the land use to rental parking. Director Hughes, seconded by Henry, moved rules be suspended and the ordinance 221.8 placed on second reading. The recorded vote was: Ayes• Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the second time. 221 4/18/78 222 222.1 Director Hughes, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The motion was declared passed and the ordinance was read the third and final time. 222.2 There being no discussion nor comments from the audience, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The Mayor declared the ordinance passed. ORDINANCE NO. 2436 APPEARS ON PAGE 45 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION WAIVING COMMUNITY DEVELOPMENT SEWER TAP REQUIREMENTS 222.3 The City Attorney read a resolution waiving minimum ownership and residency requirements to allow installation of a Community Development sewer tap for 1080 Baldwin Avenue prior to street paving. 222.4 Director Hughes, seconded by Todd, moved adoption of the resolution. The re- corded vote was: Ayes: Noland, Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone The resolution was declared passed. RESOLUTION N0. 25-78 APPEARS ON PAGE 110 OF ORDINANCE & RESOLUTION BOOK VI 1 MASTER STREET PLAN AMENDMENT REQUESTED - Elaine Street 222.5 Residents of Sweetbriar Subdivision had requested amendment to the Master Street Plan to change the designation of Elaine Street from "collector" to "local", and that reference to a proposed extension of Elaine to Highway 265 (Crossover Road) be deleted. 222.6 Attorney Truman Yancey, representing the Sweetbriar residents, said the request for change in the street plan involved the subdivision's relationship to the neighbor- hood around it, including Highway 265 and Old Missouri Road. Future use of Elaine as a collector street would, the residents believed, funnel an unreasonable amount of traffic through the residential area. They contended the street is unprepared for the additional traffic and that it would probably be unreasonable to upgrade the street to collector status. 222.7 (Note: Director Malone arrives at the meeting during this discussion.) 222.8 Director Hughes, noting the location of a park at the east end of Elaine, said the street had been designated as a collector street prior to the establishment of the park. He did not see that the Board could abolish the park in order to bring Elaine to collector status. 222.9 Mr. David Knowles addressed the Board to inform them of current Elaine Street construction. According to profile levels taken from the street's existing center line, Knowles said the current street grade is 15.8% and exceeds the 12% maximum grade allowed for collector streetsin hilly areas. He informed that major modifica- tions, including retaining walls and utility relocations, would have to be made in order to bring the street to collector status. 222 4/18/78 223 City Manager Grimes noted that dedication for collector street right-of-way 223.1 had been made at the time the 'street was constructed. He showed the Board a proposed route for an extension of Elaine through the park at a point which would minimize loss of park space. He said he and the fire chief were opposed to any change in the street's status since the extension would provide fire protection accessibility to areas on Highway 265 that will be difficult to protect until an additional East Fayetteville fire station is available. Grimes explained that, from a planning standpoint, the City had tried to establish arterial streets at one -mile intervals with collector streets at one-half mile intervals. Director Hughes believed the Highway 265 fire station currently under construc- 223.2 tion would be completed before any extension of Elaine is made. He believed that areas on Highway 265 would be more easily served from the Highway 265 fire station (V even though Elaine was extended to provide protection from the Harold Street fire CO station. Director Colwell noted that, as the crow flies, the distance from the in Highway 265 station was double that from the Harold Street station. Hughes agreed U and then remarked, "Crows don't fight the fire." Q Mrs. Clare Podemski, 2502 Elaine, spoke in favor of the request, noting that 223.3 any extension of Elaine would bisect the park, thereby making it virtually useless and unsafe. She said most residents consider the park an asset to the subdivision and that it was-a,deciding factorin establishing their residences there. She said the park would also be an asset to the proposed Huntingdon Subdivision as well as other future developments. Mr. Don Giles addressed the Board stating that current traffic volumes on 223.4 Elaine do not justify a collector street. With development of the Huntingdon Subdivision, Giles said that approximately 60% of the residents would probably use Elaine as access to Old Missouri Road and Butterfield School. Mr. Mike Corso stated that existing traffic hazards, i.e., unsafe intersection of Elaine with Old Missouri Road, an "s" curve, and the intersection of Stubblefield Road with Old Missouri Road, would be compounded if Elaine is developed into a collector street. Mrs. Kay Corso, 2437 Sharon, presented the Board with petitions signed by 223.5 approximately 100 Sweetbriar residents. The petitions expressed their concern for the safety of their children and for the residential character of the neighborhood if Huntingdon Subdivision is developed without provision for additional accessto Old Missouri Road, and if Elaine Street is extended to Highway 265 as a collector street. They acknowledged that their neighborhood could not be isolated from surrounding areas but they did object to the use of their neighborhood as a funnel through which a large volume of traffic would be directed. The petitioners felt that the present volume of traffic poses danger to the children who walk to school and they felt that a significant increase in traffic would be intolerable. Noting that the Planning Commission had not been receptive to objections regarding Hunting- don access, the petitioners appealed to the Board for assistance in preventing a serious deterioration of the quality oflife and safety for the residents of Sweet - briar Subdivision and surrounding area." Yancey clarified that the residents had expressed their objections to the 223.6 Planning Commission regarding Huntingdon Subdivision access during consideration of the development's preliminary plat. Yancey felt the access for Huntingdon should be provided directly west of the development to Old Missouri Road and Butterfield school. If an immediate solution could not be provided, Yancey requested the Board provide an eventual solution. Mrs. Podemski contednded that Huntingdon developers were not interested in extending a street to Highway 265 since they would have to construct bridges. Yancey felt the areahad not developed as anticipated and that proposed developments now threatened to complicate existing problems. He requested the designation be changed before matters worsen and greater investments are made. 223 4/18/78 224 224.1 Director Malone commended the group for its presentation. He informed them that original recommendations for street designations had come from the Fayetteville/Springdale ,joint transportation committee and the Planning Commission. To amend those designations without consulting either group would not be proper since the groups could be aware of other pending developments which should be considered. Director Noland and the City Manager also felt the proposed change should be referred to the technical committees for consideration and recommendation. Director Malone moved that the requested designation change be referred to the regional transportation committee as well as the local Planning Commission for study and recommendation. The motion was seconded by Director Noland and the re- corded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None ORDINANCE LEVYING SALES AND USE TAX 224.2 The City Attorney read an ordinance the first time which would provide for a one -percent sales and use tax, contigent upon approval of the same tax in the City of Springdale. He noted that the ordinance would not repeal any current taxes. 224.3 Director Lancaster informed that the Board had appointed a citizens task force to discuss the City's financial status and to recommend a revenue source. Director Todd read the following correspondence received from the Task Force Chairman, Hal C. Douglas: April 13, 1978 To: Board of Directors City of Fayetteville, Arkansas From: Chairman, Fayetteville Revenue Task Force At the meeting of the Task Force March 30, 1978 it was moved and seconded that the Task Force accept the City's needs list, a copy of which is attached. The motion was passed. At the final meeting April 6, 1978 a motion to recommend an income tax failed to pass. A motion was then made to recommend a one percent sales tax be submitted to the voters of the City of Fayetteville. The motion was passed. Also at the April 6, 1978 meeting a motion to recommend to the City board that the Occupation and one per cent franchise tax (except industry utility franchise tax) should be repealed if the sales tax is levied. Motion passed. The Task Force also recommends to the City board that if a sales tax in Springdale, Arkansas is not passed bythat city, and levied by it, then the City of Fayetteville will not levy such a tax. The Task Force also specifically approved the need for the $600,000 to City Hospital (spread over a period of three years). 224 1 1 225 I might further add that in a telephone conversation the following members, who were not at the meeting April 6th, stated that they would have voted for for the sales tax: N ATTACHMENT-- 0 City of Fayetteville Q Needed Projects Garland Melton George Shelton Obert Undem Jim Witt Respectfully, /s/ Hal C. Douglas Chairman i Street Improvments. Gregg Avenue - Elm to Ash Gregg Avenue - Spruce to North North Street - Skull Creek to Gregg (four-laning) Poplar - widening Leverett to Gregg Razorback - Highway 62 to 15th Street Razorback - 15th Street to Cato Springs Road Sterns - Joyce from 71 North to Highway 265 (City University - Stone to Duncan Gregg - Prospect across RR tracks to Maple *Needed street reconstruction work for example) will require complete Share) ($ 144,067 179,595 162,607 197,080 214,800 273,600 440,000 594,400 131,100 120,000 $1,636,185 dueto winter damage. Many streets (Leverett reconstruction. $4,435,200 total) Bridges - Skull Creek - Appleby Road Sidewalks- (primarily in areas of schools) Traffic Signals (new & replacement) Annual General Street Upgrading (widening, Annual Resurfacing Program (in addition to surfacing program) Parks (annual) equipment additions and replacement, ball diamonds, tennis courts, etc. Expand Animal Shelter Increase Fire Sub Station manpower to three men per shift (three stations) Financial assistance for City Hospital (spread over three years) $ 80,000 130,000 160,000 drainage, etc.)200,000 present re - Recurring annually $545,000 225 TOTAL new 150,000 75,000 20,000 120,000 600,000 $7,606,385 226 226.1 Director Todd noted that the Task Force meetings resulted in quite a bit of discussion and presentation of different viewpoints. He assured that the recommenda- tions of the group had been formulated through a democratic process. Todd suggested the Board adopt a resolution to express the Board's intentions for use of funds which would be generated by a sales tax and to state what taxes would be repealed should a sales tax be adopted. 226.2 Director Malone felt the Board should pass that resolution to indicate the Board's intention to commit money to City Hospital, to remove occupation taxes and the residential and commercial franchise utility taxes, and whether or not they would levy the two -mill tax approved by the voters for library and parks and recreation general obligation bonds. 226.3 Ms. Cindy Davidson, representing ACORN, re-emphasized the organization's opposition to the sales tax since they feel the tax is a regressive one. Noting President Carter's recent appeal for cutbacks in regressive taxation in favor of progressive taxation, Davidson appealed to the Board to consider progressive forms of taxation rather than the regressive sales tax. 226.4 Mrs. Lois Imhoff, representing the League of Women Voters, presented the following statement: The Washington County LWV supports sound financing of local government through adequate taxation. The loss of the Voluntary Tax and Revenue Sharing Income found our City in an especially critical need for replacement funds, which were obtained from taxes which the League views as unfavorable ... that is the Occupation Tax and a raise in the Franchise Tax. The criteria for a properly structured tax include - adequacy a broad base stability equitability ease and economy of collection We urge each citizen to carefully evaluate, according to this criteria, the tax issue which will be placed before them. 226.5 A Mr. Vanlandingham, representing the Northwest Arkansas Labor Council, reiterated his organization's position favoring ai income tax. He noted that the sales tax had been defeated in a previous election and that an informal poll of their members indicated the question would again be defeated. 226.6 Director Noland felt the question was how to best fulfill the needs of the City. He reminded that consultations with State Finance and Administration officials resulted in their advising that collection of a non-resident city income tax would be difficult. He felt the sales tax would be the best alternative since there are a number of people that are not taxed for the services they receive. "I don't feel, as an elected member of the Board, that I should turn my back on a recommendation of a broad-based citizens committee and vote against such a proposal", Noland concluded. 226.7 Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed and the ordinance was read the second time. 1 226 4/18/78 227 Director Hughes, seconded by Colwell, moved rules be further suspended and the 227.1 ordinance read the third and final time. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed and the ordinance was read the third and final time. When asked why the Board chose to favor a regressive tax, Director Noland 227.2 responded that he felt the tax would be equitable because those who are not taxed for City services and facilities -- tourists, non-residents, etc.-- would also pay the tax. Pir. Joe Neal, present in the audience, felt the City should follow the American tradition of taxing the people benefitting most from society who could pay a greater share of the tax to support it. Director Hughes believed the sales N tax would be progressive in that it would allow the City to pursue its goals in the coming years. He said it would also reach users of city services who are not (Y) currently participating in the cost of providing the services. Director Malone, though not questioningthe validity of data used by opposing 227.3 U factions, noted that the data did not include some important factors since it was based upon income tax tables and did not take into consideration major purchases which are usually made by higher income levels. Such major purchases would, Malone Q said, increase the upper income level's percentage of income paid in sales tax. He felt the words "regressive" and "progressive" were being used as labels. ACORN representative Carey Rogers contended the committee was not broad based -- 227.4 that it was comprised of wealthy individuals. He felt the sales tax is regressive because it places a greater burden on low income levels. He said they believe the City needs the additional revenue and that they support the City's listed needs. He said, however, that they cannot support a tax to go on top of the regressive state sales tax. He informed that discussions have recently been held regarding the possibility of increasing the state sales tax to 4% during the next year. He advocated taxation of intangible properties and progressive income tax as alternatives and urged the Board to seriously consider the alternatives. Director Todd felt it would be remissto accept arguements about the regressive 227.5 nature of the tax. He said the tables used to reflect the percentages of income spent in sales tax dealt with gross incomes and not "after taxes" income. When applied to large purchases he did not think the sales tax would be regressive. Director Henry noted that a petition drive is underway in the State which 227.6 appears to have good chance of placing the question on the ballot of whether or not to exempt foods and drugs from sales taxes. Such exemptions would, she felt remove regressiveness of the sales tax; however, the exemptions would create problems for state finances. She said she felt it would be much easier to pay a small tax on each purchase rather than to pay an additional income tax at the end of the year. Henry hoped that opposing factions could support the sales tax proposal; if not, that they would not oppose it quite so vigorously. Malone felt the ease of collecting the sales tax is an important factor as well 227.7 as the fairness of the tax. He said it is important that those who share the City's services also share in the taxes needed to provide those services. While some directors indicated they would support an exemption of food and drugs from sales tax, Malone said he would want to be assured that educational needs are taken care of through state government before he could indicate his inclinations. Director Todd, seconded by Noland, moved the ordinance be tabled to allow the 227.8 Board to consider a resolution stating the Board'sintentions. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. 227 4/18/78 228 228.1 Following a short recess, Director Maloneintroduced a resolution which stated the Board's intentions if a sales tax is adopted. The resolution listed the intention as being: 1. Repeal of the occupation license tax. 2. Decrease of one percent in the franchise tax on residential and commercial customers of Arkansas Western Gas, Southwestern Electric Power Company, Ozarks Electric . Decrease by one percent the franchise tax collected from cable television subscribers. 3. Suspend collection of the two -mill property tax for parks and recreation and library general obligation bonds. 4. a) Commit first available funds to provide financial assistance for City Hospital as previously approved by the Board and complete park improvement projects and library expansion program previously approved by voters. b) If excess tax proceeds exist to use them for street reconstruction and major street needs. c) After major street needs are provided for by the establishment of an ongoing street program, to use sales tax proceeds for park system improvements and for public safety needs, such as fire and police protection. Director Malone moved for adoption of the resolution. Director Colwell seconded. The Mayor asked if the resolution should pass. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 28-78 APPEARS ON PAGE 116 OF ORDINANCE & RESOLUTION BOOK VI 228.2 Director Malone, seconded by Hughes, then moved the ordinance be taken from the table. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. 228.3 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The ordinance was declared passed. ORDINANCE NO. 2437 APPEARS ON PAGE 46 OF ORDINANCE & RESOLUTION BOOK VI 228.4 Director Malone, seconded by Henry, moved the City Manager be directed to ex- press the Board's appreciation to members of the Task Force for their efforts in formulating the recommendations for the Board's consideration. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. WAGE RATE DETERMINATION APPEAL AUTHORIZED 228.5 The City Manager had requested authorization to appeal Federal and State Wage Determinations for proposed airport terminal construction and proposed construction of a multi-purpose recreational facility. 228 1 1 4/18/78 229 City Attorney McCord advised that State Wage Determinations would apply to 229.1' the recreational facility since the project cost would exceed $75,000. Grimes said some local contractors had expressed a desire to join the appeal. Director Hughes, seconded by Malone, moved the City Manager be authorized to 229.2 appeal the determinations in an attempt to obtain a waiver. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. AWARD OF BIDS - Bid 363 / Vehicles (V The Purchasing Officer, Sturman Mackey, recommended the following awards of 229.3 (Y) Bid 363: (�.) SANITATION DEPARTMENT - 229.4 56,000 GVW truck chassis: Northwest Arkansas Truck and Equipment - $35,500.00 Q Packer Body w/front end loader: Solid Waste Management - $29,391.05 Q 24,000 GVW truck chassis: Whit Chevrolet - $9,316.21 20 cu. yd. packer unit: Choctaw Machinery - $7,404.00 1 Funding Recommendation: Sanitation Depreciation Fund STREET DEPARTMENT - One 30,000 GVW chassis: Whit Chevrolet - $11,753.87 Two 50,000 GVW 210HP diesel chassis: Whit Chevrolet: $23,882.24 each 10 - 12 cu. yd. dump bed: Truck Equipment $3,395.00 27,000 GVW truck chassis: Whit Chevrolet - $11,584.11 Funding Recommendation: 1978 Revenue Sharing ADULT CENTER 14 -passenger van: Houston Taylor - $8755.48 Funding Recommendation: 1978 Revenue Sharing 229.5 229.6 ANIMAL CONTROL 3/4 Ton pickup chassis 2/animobile body: Whit Chevrolet - $8,891.03 229.7 INSPECTION DEPARTMENT / WATER & SEWER CUSTOMER & ACCOUNTING 229.8' Four 1/2 ton small pickups: Whit Chevrolet - $4,292.05 each Funding Recommendation: 2 - 1978 Revenue Sharing, 2- Water & Sewer Budget Mackey also recommended the following budgetary adjustments: 229.9 Revenue Sharing Account #7815 - Decrease by $875.13 Revenue Sharing Account #7812 - Increase by $184.10 Revenue Sharing Account #7813 - Increase by $691.03 Mackey said he did not anticipate problems with parts availability for the 229.10'. passenger van. He advised that current operating costs of existing small pickups are 9t per mile and compare favorably with other vehicles in the fleet. City Manager Grimes relayed objectionsiof Inspection staff member Freeman Wood regarding purchase of small pickups. He said Wood felt a safety factor was involved and that he questioned their ability to withstand frequent trips to building construction sites. 229 4/18/78 230 230.1 Director Hughes, seconded by Malone, moved acceptance of the bid award recommendations. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. 230.2 Director Malone, seconded by Todd, moved acceptance of the budgetary adjust- ments recommended by Mackey. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. ROOFING 230.3 Mackey recommended award of bid for reroofing fire station two and the Municipal Court facility and police building to Franklin & Son for a total of $4,482. Director Hughes, seconded by Todd, moved acceptance of the recommendation. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. OTHER BUSINESS ORDINANCE AUTHORIZING SALE OF BONDS 230.4 Mr. Boyd London, representing First Southwest Company, recommended award of bid for sale of $800,000 in general obligation bonds to T. J. Raney & Sons, Inc., and Hill, Crawford & Lanford, Inc., at an effective interest rate of 4.99993%. 230.5 The City Attorney read the ordinance for the first time. Director Malone, seconded by Hughes, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed and the ordinance was read the second time. 230.6 Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed and the ordinance was read the third and final time. 230.7 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The Mayor declared the ordinance passed. 230.8 Director Malone, seconded by Colwell, moved adoption of the emergency clause. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The motion was declared passed. ORDINANCE NO. 2438 APPEARS ON PAGE 48 OF ORDINANCE & RESOLUTION BOOK VI STREET COMMITTEE RECOMMENDATIONS 230.9 Director Hughes, Chairman of the Board Street Committee, reported that the committee recommended asphalt overlay for Johnson Road, Leverett Street (from Sycamore to Poplar), Beechwood, and Township Road. He said they recommended repair of heavily travelled streets with others being repaired when the first four are com- pleted. Other projects could be based upon traffic counts to assure repair of the 230 1 4/18/78 231 heavily travelled streets. He said the committee requests that the City Manager make a recommendation for possible transfer of water and sewer surplus funds to the repair existing street cuts and that deposits be charged for future street cuts. Hughes believed the Street Department could repair t•he cuts more satisfactorily than the water and sewer department. Director Malone said the committee had tried to choose the streets with most 231.1 traffic. Repair of Leverett from North to.Sycamorc was not recommended until con- struction at the Leverett/North intersection is completed. Director Hughes, seconded by Malone, moved acceptance of the recommendations. 231.2. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None (V The motion was declared passed. CO RESOLUTION ADOPTING FAIR HOUSING STANDARDS AND NON DISCRIMINATORY HOUSING POLICIES U The City Manager reported that the Department of Housing and Urban Development 231.3 Q had requested the City adopt a resolution adopting the fair housing standards and Q non-discriminatory housing policies. He said HUD had requested the action prior to approval of the 1978 CD program. Hughes moved the resolution be adopted. The motion was seconded by Director Toddand the recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None 1 RESOLUTION NO. 26-78 APPEARS ON PAGE 111 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION ESTABLISHING AFFIRMATIVE ACTION PLAN FOR COMMUNITY DEVELOPMENT PROJECTS Community Development Administrator Rick Mason reported that the City needed to adopt an affirmative action plan for CD street and sewer projects that are done by private contractors. He said the plan would not be applicable to the housing rehabilitation program nor to projects completed through force account. Director Malone, seconded by Henry, moved adoption of the resolution. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Henry, Todd Nays: None The resolution was declared adopted. RESOLUTION NO. 27-78 APPEARS ON PAGE 112 OF ORDINANCE & RESOLUTION BOOK VI STREET CUT DEPOSITS Director Hughes suggested a deposit be required for future street cuts and that the City's street crews make the repairs. Director Hughes felt the funds to repair the existing cuts should come from water and sewer funds. The City Attorney advised that water and sewer surplus funds could be legally transferred to accomplish the repairs. Director Malone suggested the City Manager recommend a deposit and repair procedure. 231.4 231.5 APPROVAL OF MINUTES Director Todd requested paragraph 212.4 of the April 4, 1978 minutes be amended 231.6 to read: "... a majority of Planning Commissioners present..." There being no further amendments necessary, the minutes were declared approved as amended. 231 4/18/78 232 ADJOURNMENT 232.1 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: ti('cp (G`t,ift Darlene Westbrook, City Clerk APPROVED: Ernest E. Lancaster, Mayor 232