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HomeMy WebLinkAbout1979-04-03 Minutes24 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 3, 1979 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session April 3, 1979, at 7:30 P.M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Ernest Lancaster, Paul Noland, John Todd, Richard Osborne, Phil Colwell, and Ann Henry; City Manager Don Grimes, Administrative Assistant David McWethy, City Attorney Jim McCord, and City Clerk Angie Medlock. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER 24.1 Following roll call and a moment of respectful silence, the Mayor called for consideration of the first item of business. MUNICIPAL HOUSING REVENUE BONDS P4.2 First was a report and recommendation from the Public Facilities Board concerning housing revenue bonds for low and middle-income families. F. H. Martin, chairman of the Public Facilities Board, present to speak for the board, explained that the bond issue itself would be about $18,000,000, which would allow $15,000,000 actual mortgage money to be made available. He explained further that the remainder of the money would be used for a reserve fund and expenses incurred in establishing the bond program. Mr Martin said the public facilities board recommends allocation of the following amounts: First Federal Savings & Loan Heritage Federal Savings & Loan First National Bank Mcllroy Bank & Trust Commercial National Mortgage Co. Worthen First Mortgage Company National Mortgage of Memphis 5.5 million 4.0 million 2.0 million 1.5 million . 75 million . 75 million . 50 million 24.3 Martin said they are anticipating a AA rating for the bonds, which they hope to receive within a few days. Martin said they would like the City Board to approve the action which the public facilities board has taken. He noted that they had used the bond counsel which the City Board appointed and solicited proposals for the underwriters and selected Rauscher, Pierce, Refsnes, and Powell & Satterfield. 24.4 John Rauscher, representing the underwriters, stated that approximately 13% of the 3 million dollars over the mortgage amount, is set aside as a debt service reserve fund, needed in order to obtain a rating. 24.5 Director Todd questioned the breakdown of the $159,000 set aside for issuance of the bonds and Rauscher explained that $61,000 is set aside for legal and attorney fees; $24,000 for printing expenses; $22,000 for insurance premiums; $15,000 for bond rating; $24,000 for trustee accounting and other initial expenses; and approximately $13,000 for miscellaneous expenses. He noted also that all expenses paid out must be approved by requisition of the board. 1 1 1 4-3-79 Director Todd questioned what would happen with surplus funds and Rauscher stated that the first money would go to retire the bonds, the remain- IIIing money would be invested above the interest rate of the bonds with any surplus remaining after the bonds are paid to go to the City. Mr. Holland,(Friday, Eldridge, & Clark, bond counsel) confirmed that any surplus would be turned over to the City for use for any public purpose; however, they could not determine the amount of the surplus. Holland pointed out that the bonds will be special obligation revenue bonds and the City would have no obligation for the bonds. In answer to Director Todd's question, Holland said Lomas and Nettleton would check the bond issue documents to insure that the mortgage loan is in compliance with the mortgage standards and that the mortgagor is qualified for the mortgage. He said they will approve the mortgage loan and disbursement of Q) the funds and forward this to the trustee. He said they will then oversee the 0 manner in which each of the lending institutions services the mortgage loans. CO Each of the institutions, With the exception of First National Bank of Fayette - 0 ville, will collect payments on each mortgage loan which it sells to the trustee, and Lomas and Nettleton will monitor their performance. Holland said if some of Cr the lending institutions failed to produce satisfactory results Lomas and Q Nettleton would have the right to terminate their servicing responsibility and assume it themselves or assign it to someone else. Holland said Lomas and Nettleton have guaranteed servicing. John Rauscher commented that Lomas & Nettleton have an office in Little Rock and plan to be in Fayetteville once a week to assure the loans will be taken care of promptly. Mr. Holland noted that Lomas & Nettleton were not required to put up a bond, which will also help keep the costs to the borrowers down. Rauscher i stated thattheinterest rate the City will be receiving will be very low. In response to Todd's question, Rauscher stated that in discussions with the rating agency and with the establishment of certain guidelines, they determined that the trustee would be eligible to handle loans. Mayor Malone noted that First National.Bank (trustee) will originate loans, but has assigned the servicing responsibility to Lomas & Nettleton. Director Todd asked how income eligibility would be verified and Mr. Rauscher stated that they would verify income by the income tax statements for the previous year. He said the borrowers would also be required to sign a certificate that their income has not exceeded the maximum income level for eligibility and that this would be their primary place of residence. In response to Mayor Malone's question, F. H. Martin said that on the advice of the bond underwriters, the public facilities board agreed to limit the loans to single-family dwellings. Director Noland questioned what would happen to the proceeds of the bonds from the time the money becomes available to the time it is loaned out to the borrowers and F. H. Martin explained that the trustee (First National Bank) would take possession of the money initially and will secure the funds. He said First National Bank has indicated they will share the money with the other institutions. He explained further that the interest would be used to pay interest on the bonds and the remainder would go into a reserve fund. Jim Holland said, based upon the experience in other cities, he feels the money will be loaned out in a very short period of time. He noted that the housing revenue bond programs set up in other Arkansas cities have been success- ful and most cities have had more loan applications than money available. Mayor, Malone pointed out that the wording in the bond prospectus should be amended to reflect 25% of the loans will be available in the "territorial planning jurisdiction" of the City. 25 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 4-3-79 26 26.1 Director Henry commended the public facilities board for the work they have done in preparing the bond issue. She said however, she feels they are being hypocritical by setting a $30,000 limit for low and middle-income families when the average income for Washington County was shown to be less than $5,000 per family. The City Attorney clarified that the enabling legislation does not require that the money be used for low and moderate income persons. He said this is bond counsel's recommendation in order to meet the public purpose. Dr. John Dominick noted that there are federal programs for the low-income families. Dale Christee noted also that applications will be processed on a first-come, first -serve basis. 26.2 Director Todd questioned if an agreement has been worked out with Springdale regarding issuance of loans in the planning areas and F. H. Martin said an agreement has been worked out that Springdale will not overlap with Fayetteville's planning district and Fayetteville will not overlap with Springdale's planning district. 26.3 The City Board members commended the Public Facilities Board for trying to get the lowest interest rate possible for the home borrowers. F. H. Martin also commended John Rauscher for his part in helping get the lowest interest rate which they could get. 26.4 Jim Holland pointed out that in Section 2 of the resolution for which they are asking approval, they have made a provision that the City authorizes the board to make changes from the principal schedule and interest rates before the board, as long as it doesn't increase the interest costs. He explained that the purpose of this is that the bond issue'is dependent upon the bond market and the final schedule of maturity, and interest rates will only be known on the date that the bond issue is actually sold. He stated that the underwriters need to have some flexibility to restructure slightly in order to accomplish the best possible interest rate. He also pointed out the discount to the underwriters should be corrected to reflect $21.00. 26.5 In response to the Board, F. H. Martin stated that they are hoping the money will be available by the end of the month. Mr. Rauscher said they are hoping to have the money available on April 18, and said as soon as the bond purchase is signed, applications may be taken for loans. 26.6 Director Osborne, seconded by Director Colwell, moved the resolution be approved with the following changes: change Section 3(d) and Section 6 to reflect "territorial planning Jurisdiction area", and add "existing" homes in the territorial planning jurisdiction area; also, change the under- writer's discount to $21.00. The recorded vote on the motion was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. RESOLUTION NO. 24-79 APPEARS ON PAGE 80 OF ORDINANCE AND RESOLUTION BOOK VII. TAXI CAB ORDINANCE RECOMMENDATIONS 26.7 The second item for the Board's consideration was a recommendation submitted by Administrative Assistant David McWethy concerning possible amendments to the Code of Ordinances regarding taxicab service. This recommendation had been included in the director's agendas, and basically suggested consideration be given to de -regulating the taxicab business entirely; or discontinuing service between midnight and six a.m., and additional fees be allowed during inclement weather. 1 1 1 4-3-79 Ann Hauser stated that she feels the City should supply a subsidy for the taxicab business. She said she did not feel a cab company could operate profitably without a subsidy from the City. David Miller, holder of a taxi franchise in Fayetteville, stated that he feels the rates for Fayetteville would need to be raised. Miller said he would be glad to open his taxi service in Fayetteville if he would be allowed to dispatch from Springdale. He explained that it would not be profitable for him to have two dispatch offices, one in Fayetteville, and one in Springdale. Todd questioned if it would be profitable with a revised rate structure and Miller said it might be, however, the night shift is a total loss. He said in Springdale he has an answering service which dispatches for him at night. Willis ROe III, current franchise holder, said he would be in agreement with the idea of deregulating the taxi service in Fayetteville. Q) Ann Hauser suggested that if night service is discontinued, there should O be some provision for emergency service. CO Director Henry suggested the Board try to work with Mr. Miller on operating the dispatch office out of Springdale. Director Colwell noted, in response to Ann Hauser's concerns that there are not enough cabs available at certain times, that there is no way they can provide sufficient cab service at all times, since there are peak times of service. In answer to Director Noland, David Miller stated that when he extends his antenna, he would have adequate radio service to reach the south part of Fayetteville. Miller said also, that he had considered metering the cabs, but explained that there would be a problem in picking up more than one person. He said as it is now, a cab often picks up two or three customers at the same time. The directors agreed that the rate structure for the taxi service should be reviewed. Director Colwell suggested they have a differential rate for after 12:00 a.m. Director Lancaster stated that he is not in favor of deregulating any type of business which provides a public service. He said they have been negligent for the past few years in requiring the taxicab ordinance to be enforced. Lancaster also agreed that the City should review the rates, and possibly make some type of rate adjustment for 12:00 a.m. until 6:00 a.m., and continue to have service during that time. The Board agreed to ask the City Manager to look at the rate structure and come back to the Board with a proposal for additional rates, including. consideration being given to the extra cost of operation during the 12:00 a.m. to 6:00 a.m. period. Director Noland suggested that they should also allow differential rates for bad weather conditions. David Miller explained that in Springdale his cab company is allowed to charge double fares during bad weather. He said the cab company must check with the Chief of Police before charging the higher rates, and tell each customer when he calls in requesting a cab that the fare. will be doubled. Randall Barnes, former owner of Razorback Transportation & Express, stated that they did not request the closing from 12:00 a.m. until 6:00 a.m., nor are they asking for increased rates during bad weather. Barnes suggested that the cab company should have an exclusive franchise, as he does not feel there is enough business in Fayetteville for more than one cab company and as long as there are opportunities for anyone else to come into Fayetteville and take your business, a cab company could not afford to make the necessary investments. 27 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 4-3-79 28 28.1 City Manager Grimes said the City has not enforced the cab ordinance as well as they should have because the City has not wanted to get into the cab business. He said he feels the time has come for the City to try to make some concessions to try to see that the cab companies are providing better service. He said he would suggest to the Board if things are not worked out, that the City Board may need to set up a committee to oversee the taxi business. 28.2 David Miller stated that the taxicab franchise holder should be the one to see that his cabs are meeting the requirements of the ordinance. 28.3 Ann Hauser was concerned that the drivers own their own cars and City Attorney Jim McCord pointed out that there is no requirement in the ordinance that the taxi company must own their own cars. The City Attorney noted also that the ordinance states that the franchise holder "shall maintain a central place of business and keep the same open 24 hours a day for the purpose of receiving calls and dispatching cabs" and does not specify that he must have a Fayetteville office. Administrative Assistant David McWethy stated that on Mr. Miller's original application he had indicated he would dispatch from Fayette- ville and this is how his franchise was approved by the Board. 28.4 Director Henry moved that Mr. Miller be allowed to amend his application to operate his business with a 24-hour service out of Springdale, at least until the other taxi problems are resolved, and with the understanding Mr. Miller would have a Fayetteville telephone nuiuber and the cabs would be located in Fayette- ville. Director Lancaster seconded the motion. 28.5 Director Usborne asked David Miller if he would operate under the existing rate structure and Miller said he would try, but with the small number of cabs operating now, the existing rate structure would not be sufficient. He said if he could not work under the current rate structure, he would come back before the Board. Mr. Grimes said his office would have a recommendation on the rate structure at the next regularly scheduled Board meeting. Osborne asked Terry Tucker if he would still operate in Fayetteville if Mr. Miller opened for business and Tucker said he would. 28.6 The recorded vote on Henry's motion to allow Mr. Miller to dispatch from Springdale was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The motion was declared passed. 28.7 Director Todd suggested the City Manager's office inform the cab companies of the proposed changes in the rate structure before the board meeting. 28.8 Director Lancaster said that "whoever considers running a cab business in Fayetteville should take a close look at the ordinance" and if he cannot abide by it theCity would need to work with him or change the ordinance. He said the City should not permit the cabs to be run without meeting ordinance require- ments. FRANCHISE TRANSFER REQUEST - Razorback Transportation 28.9 Next for the Board's consideration was a request by Terry Tucker that he be granted a certificate of public convenience and necessity to be transferred from Willis Rose III, Razorback Transportation. 28.10 Terry Tucker said he is planning to operate Razorback Transportation and Express and is buying radio equipment from Randall Barnes. He said the radio equipment is already licensed and the FCC has indicated they could issue a temporary permit for 90 days since Razorback Transportation is the only cab company in Fayetteville. 28.11 After a short discussion, Director Osborne, seconded by Noland, moved that the transfer of a certificate of public convenience and necessity be granted contingent on Mr. Tucker meeting requirements of the ordinance before the certificate is issued. Director Noland seconded the motion. 4-3-79 29 The recorded vote was: 29.1 Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. III Nays: None. The mayor declared the motion passed. MASTER STREET PLAN AMENDMENT - Northwest Arkansas Mall The City Attorney read an ordinance amending the master street plan for 29.2 the area near the Northwest Arkansas Mall. . Director Osborne, seconded by Director Noland, moved the rules be suspended 29.3 and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the City Attorney read the ordinance Q) for the second time. 0 Director Osborne, seconded by Director Colwell, moved the rules be further 29,4 CO suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Q Nays: None. Q The mayor declared the motion passed and the ordinance was read for the third and final time. Duane Nelson asked where the street would actually be located. City 29.5 Manager Don Grimes explained that the master street plan indicates a general alignment of where the street is proposed, but the engineering for the exact location of the street can be fairly flexible. Mayor Malone clarified that the actual location of the street would be decided when a development plan is submitted to the City. He said the purpose of the master street plan is to III give notice that a street is proposed in a particular location. Following a brief discussion, Duane Nelson said he would have no objection 29.6 to the amendment to the master street plan. The mayor asked if the ordinance should pass. The recorded vote was: 29.7 Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2514 APPEARS ON PAGE 46 OF ORDINANCE AND RESOLUTION BOOK VII. LAND USE PLAN AMENDMENT - North Street The City Attorney read an ordinance amending the General Land Use Plan 29.8 for an area along North Street between Garland Avenue on the West and the railroad tracks on the east. Mayor Malone, seconded by Henry, moved the rules be suspended and the 29.9 ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the ordinance was read the second time. Director Todd, seconded by Henry, moved the rules be further suspended and 29.10 the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. The City Attorney read the ordinance for the third and final time. 4-3-79 30 30.1 Mayor Malone asked if the property owners in the area had been and David McWethy said they were not notified by individual notice, was a sign posted. He said this had been before the Planning Commi some of the area residents appeared at that meeting. Someone in the was concerned about the effect this would have on his property and explained that the requested change is for the land use plan and no thus it would not affect the use of his property, except if he appl rezoning the Board would probably lean toward the use shown on the Plan. 30.2 Director Todd asked what would be considered "service commerci McWethy said "service commercial" would be the commercial zones and goods" would generally be R-0 and possibly C-1. 30.3 There being no public opposition, the mayor asked if pass. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the ordinance passed. notified but there ssion and audience the mayor t zoning, ied for a Land Use al" and David "shopper the ordinance should ORDINANCE NO. 2515 APPEARS ON PAGE 48 OF ORDINANCE AND RESOLUTION BOOK VII. STREET & SIDEWALK CONSTRUCTION - CD Program 30.4 Community Development Director Rick Mason asked that approval for an engi- neering contract for street and sidewalk construction for the 1977 CDBG program be allowed to be withdrawn to give the staff an opportunity to discuss the con- tract in more detail with the engineers. 30.5 Mason noted that the estimated cost is about twice the amount of money they have available for the improvements and asked the Board who would make the decisions of which street and sidewalk construction would be deleted or postponed, and who would set priority of which streets should be done first. Rick Osborne stated that he feels it should go back to the CD committee for recommendations. Mayor Malone asked if they would bid the streets individually and Mason said they would bid them as a package. Mason said his original intent was to engineer all the streets and then pave as many as they had money to do. He said the remaining streets could either be put into the program for another year, or the City may want to take over improvements on some of them. 30.6 City Manager Grimes recommended that the City's first repayment to :CD of $36,000 be used for the extension of Sycamore Street from Gregg to Woolsey. 30.7 Director Henry moved that Sycamore Street from Gregg to Woolsey be the first priority and that the City Board ask the CD committee for recommendations on the remaining streets. Mason pointed out that the $36,000 must go back through the usual process before it could be designated for a project. He said if they want to spend that money now, they would have to send in an amend- ment and get it approved as part of the 1978 program. 30.8 Director Noland seconded Director Henry's motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. Community Development Director Rick Mason asked if less than a 31 -foot 30.9 pavement was needed, would City Board approval be required for each individual street. Mr. Grimes pointed out that the City has already adopted a policy for Community Development streets in built-up areas of the city. 30.10 Director Noland noted that he had estimated the cost shown for engineering to be approximately $10 per running foot, which he considered to be expensive. Rick Mason stated that it is a requirement that a registered engineer design the streets. In response to Todd, Mason said if they hired their own engineer, 1 1 1 1 4-3-79 they would also have to hire a draftsman and surveying crew, provide office space, and possibly a vehicle and equipment. Director Todd asked how many engineers they had talked with and Mason said a conmiittee composed of himself, Clayton Powell and Don Bunn had rated six engineering firms and chose one to discuss the project with. He said you do not bid engineering projects. Mayor Malone stated that the City had in the past solicited proposal in selecting architects and he felt they could do the same in selecting engineers. Mason said he had talked to some engineer- ing firms who indicated that if the project was going to be bid, they would not be interested. I-1 & I-2 SETBACKS REDUCED The City Attorney read an ordinance amending the City Code by reducing 0) the setback and maximum area requirements in the I-1 and I-2 zoning districts. O Director Noland, seconded by Henry, moved the rules be suspended and the 31.4 OD ordinance placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Colwell. Q The mayor declared the motion passed and the city attorney read the ordinance Q for the second time. Director Todd, seconded by Director Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: _ Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll call: Colwell. The mayor declared the motion passed and the ordinance was read the final time. III Director Todd said this ordinance is an attempt to create more usable area in the industrial zones. He said the Planning Commission and the Planning Consultant both agree with the recommendated changes. The mayor asked if the ordinance should pass. The recorded vote was: Ayes: . Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Colwell. The mayor declared the ordinance passed. ORDINANCE NO.2516 APPEARS ON PAGE 50 OF ORDINANCE AND RESOLUTION BOOK VII. 31 31.1 31.2 31.3 PICTURE FRAMING - C-1 District The City Attorney read an ordinance allowing "retail picture framing" as a use -by -right in the C-1, Neighborhood Commercial zoning district. Mayor Malone, seconded by Director Lancaster, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Colwell. The mayor declared the motion passed and the ordinance was read the second time. Director Lancaster, seconded by Todd, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Colwell. The mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 31.5 31.6 31.7 31.8 31.9 31.10 32 32.1 There being no public opposition, the Mayor asked if the ordinance should pass. Upon roll call, the following vote was recorded: Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Colwell. The mayor declared the ordinance passed. ORDINANCE NO. 2517 APPEARS ON PAGE 51 OF ORDINANCE AND RESOLUTION BOOK VII. STATE AID STREET FUNDS 32.2 The Mayor called for discussion on a resolution requesting State Aid Street Funds for city street maintenance purposes. He said he felt the City would receive approximately $146,000. City Manager Grimes said he felt the use of the funds would be limited to street repairs. 32.3 Director Henry moved that the resolution be approved. Director Osborne seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The Mayor declared the resolution approved. RESOLUTION NO. 26-79 APPEARS ON PAGE 91 OF ORDINANCE AND RESOLUTION BOOK VII. R -O -W CONDEMNATION--Greenland-West Fork Water Line Project 32.4 City Attorney Jim McCord stated that the City Engineer had told him there would be two additional properties added to those which are being condemned and he would be incorporating those two properties into the resolution. 32.5 Director John Todd asked why the City of Fayetteville is handling the condemnation and City Manager Grimes said Fayetteville is responsible because they will be reimbursed a tapping fee for those who hook on to the line. He said it is Fayetteville's line. 32.6 Director Lancaster moved the resolution be approved. Mayor Malone seconded the motion. Upon roll call the following votes were recorded: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. Mayor Malone declared the resolution passed. RESOLUTION N0. 25-79 APPEARS ON PAGE 8 p OF ORDINANCE AND RESOLUTION BOOK VII. BID AWARD - Traffic Department 32.7 Purchasing Officer Sturman Mackey recommended award of the bid aerial bucket truck for the Traffic Department to Lewis Ford for $6 He noted that low bidder, UEC Equipment Company had advised him that not provide service, and they do not meet specifications. He explai Traffic Superintendent has requested a truck of 1 ton or less and th only apparatus which would fit that size of truck, and this would fi of the Traffic Department. 32.8 Director Noland, seconded by Henry, moved the bid be awarded to for $6,987.00. The recorded vote on the motion was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The Mayor declared the motion passed BID AWARD - Fire Department Truck Apparatus 32.9 Purchasing Officer Mackey recommended award of the bid for the to Day Fire Equipment Company for $46,776.00. He stated that this i bidder who meets specifications. for an ,987.00. they could ned that the is is the t the needs Lewis Ford apparatus s the low 1 Director Todd moved that the City Manager and Fire Chief's recommendation be approved. Director Noland seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Lancaster. The mayor declared the motion approved. BID AWARD - Fire Inspector Vehicle Purchasing Officer Sturman Mackey recommended award of the bid to Whit Chevrolet, low bidder, and noted that money is appropriated in the budget for this vehicle. Director Henry, seconded by Todd, moved the recommendation to award the bid to Whit Chevrolet. The recorded vote was: Ayes: Colwell, Henry, Todd, Noland, Osborne, Malone. Nays: None. Absent at Roll Call: Lancaster. The mayor declared the motion passed. BID AWARD - Tires & Tubes Mayor Malone moved the City Manager tires and tubes as shown in the Director motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Nays: None. The mayor declared the motion passed. 's recommendations be accepted for 's agendas. Director Henry seconded the Noland, Osborne, Malone. BID AWARD - 6" CLAY SEWER PIPE Director Co well moved the bid be awarded to low bidder, Dickey Clay Pipe Company of Pittsburgh, Kansas. Director Noland seconded the motion. The recorded vote of the Board was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. COMPETITIVE BIDDING WAIVED - Water & Sewer Department Materials City Attorney Jim McCord read an ordinance waiving the competitive bidding requirements for the purchase of water and sewer department materials. Director Henry, seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the City'Attorney read the ordinance for the second time. Mayor Malone, seconded by Director Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. Sturman Mackey noted that these companies refused to bid for a one-year period. Milby Pickell stated that he felt this was a very large amount of money to waive competitive bidding requirements on and Sturman Mackey explained that he would go through the same procedure of taking bids, but this ordinance would allow himt.to award the bids without coming back to the Board. Mackey stated that the only difference is that he would not advertise the bid in the paper. There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: 33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 34 34.1 Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2518 APPEARS ON PAGE 52 OF ORDINANCE POLLUTION CONTROL PLANT - Pump 34.2 City Attorney McCord read an ordinance waiving ments for a pump for the Pollution Control plant. Director Lancaster, seconded by Henry, moved the rules be suspended and 34.3 the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the ordinance was read the second time. 34.4 Mayor Malone, seconded by Director Colwell, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. AND RESOLUTION BOOK VII. competitive bidding require - ORDINANCE NO. 2519 APPEARS ON PAGE 53 OF ORDINANCE AND RESOLUTION BOOK VII. PARKS DISCUSSION 34.5 City Manager Don Grimes said he had included in the Director's agenda a copy of an article concerning park development in subdivisions or cash to be submitted in lieu of dedicating land. He said the Planning Commission has also appointed a subcommittee to look at this to try to make a recommendation as to what requirements they can apply uniformly to all subdivisions. Grimes said they may want to include the provision that there be at least two accesses into a subdivision. OTHER BUSINESS The City Attorney stated that there was an error in a legal description 34.6 and recommended that the Board authorize a quitclaim deed to Mr. McBroom, Hwy. 16 E., for 10 feet in exchange for a quitclaim deed from Mr. McBroom for 10 feet on the opposite side of the road. Director Henry, seconded by Noland, moved the quitclaim deed be authorized. 34.7 The recorded vote on the motion was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. RESOLUTION NO. 27-79 APPEARS ON PAGE 93 OF ORDINANCE AND RESOLUTION BOOK VII. SPECIAL MEETING 34.8 City Manager Grimes asked that a special meeting be called for discussion on the airport. The Board agreed to meet Friday, April 13, at 2:00 P.M. City Manager Grimes stated that they are going to try to let bids in 34.8 April for the Highway 71 project, and are hoping the contractor can oo to work by May 15. 1 1 4-3-79 35 WALKER PARK Street Extension City Manager Grimes asked for authorization to extend the street into 35.1 Walker Park to increase the area for parking. He said this would increase the unit amounts on the contract amount which was bid. Mayor:Malone moved the city manager's recommendation be authorized. Director 35.2 Henry seconded the motion. The recorded vote was: Ayes: Colwell, Henry, Lancaster, Todd, Noland, Osborne, Malone. Nays: None. The mayor declared the motion passed. CD REPAYMENT Director Henry, seconded by Osborne, moved that the city's first repayment 35.3 Q) to CD- of $30,000 be spent toward the extension of Sycamore Street from Gregg to O Woolsey. The recorded vote was: CO Ayes: Colwell,ftnry, Lancaster, Todd, Noland, Osborne, Malone. Q Nays: None. The mayor declared the motion passed. Q The Board adjourned at 11:30 P.M. 1