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HomeMy WebLinkAbout1979-07-17 Minutes1 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors at 7:30 P.M. in the Directors Room, ville, Arkansas. was held on Tuesday, July 17, 1979, City Administration Building, Fayette - PRESENT: Mayor David Malone, Directors Ernest Lancaster, John Todd, Richard Osborne, Phil Colwell, Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, and City Clerk Angie Medlock. ABSENT: Director Paul Noland. OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER Following a moment of respectful silence and roll call the mayor called for consideration of the first item of business. DICKSON STREET IMPROVEMENTS The mayor yielded the floor to Mr. Bill Underwood present representing Dickson Street property owners on a request to address the Board regarding the widening of West Dickson Street, changing the method of parking, improvements to sidewalks, and the addition of planters. Mr. Underwood said that for the past several years property owners have been trying to get improvements to Dickson Street, including curb and gutter from College Avenue to Arkansas Avenue, where needed. He said they would like to make some cosmetic improvements specifically in the area of Roliston Street west to West Avenue. Mr. Underwood explained that property owners have been considering the idea of widening the street and putting angle parking, and cutting the sidewalk back to eight feet, which is more than the City code requires. Underwood said the widening and angle parking, with meters, would provide an additional 20 parking spaces. Underwood said the Dickson Street merchants have unanimously agreed to repair and replace sidewalk where needed if the City will widen the street and install curb and gutter. He said they are looking at an improvement district some time in the future for lighting. Underwood said he feels the Dickson Street area has the potential to be the retail area for the Square - Downtown District. The mayor noted that the City had put in drainage on Dickson Street from College to the post office which has alleviated some of the drainage problems. Malone asked Grimes if he felt they should install additional drainage to carry water to the drainage structures and Mr. Grimes said, hopefully, they have corrected most of the drainage problems which were most critical when the drainage was installed on the east end of Dickson in the area of College and the post office. Director Lancaster suggested they consider stubbing conduit in the sidewalks for street lights so the lights may be installed at a later date without tearing up the sidewalk. Mr. Grimes said the local manager of SWEPCO had talked to him about this and indicated it would be expensive but possibly they could work something out. • 109 109.1 109.2 109.3 109.4 109.5 7-17-79 110 110.1 Mr. Underwood stated that several years ago they had discussed installing street lights with Community Development money but it was determined the area was ineligible for Community Development funding. He said Mr. Vorsanger at the University had indicated at that time, that the University would extend street lights from Arkansas Avenue to the west end of Dickson Street. 110.2 David Buerglar questioned what the south side of Dickson Street from Locust to West Street would look like after the proposed improvements and Mr. Underwood explained that the only proposed change in that area is curb and gutter and new sidewalk where needed. He said parking would be retained where it presently is. 110.3 Steve Murphy stated that this is an enormous reduction in the size of the sidewalk from what it is now and questioned if the gain in parking spaces is worth the reduction of sidewalk area. He said one of the great things about Dickson Street is the wide sidewalk. 110.4 Joe Neal asked the cost of sidewalks on Dickson Street and Mr. Underwood quoted some price estimates made by a city staff person on replacing sidewalks at the present width. He indicated one of the more expensive replacements would be at the D -Lux which would be approximately $1,400 and others were as low as $200, depending on the amount of frontage of each property. 110.5 David Buerglar stated that he feels sidewalks should be improved at the current width. He said this proposal may have been a good idea 10 years ago but with the energy situation more people would be walking and wider sidewalks are more badly needed than additional parking spaces. Buerglar said he felt a change such as this would disrupt the character of the street so much that it would hurt the area. He commented also that he had talked to two or three tenants on Dickson Street who were not aware of the proposal presented to the Board. 110.6 Steve Murphy agreed it is a good idea to improve the looks of Dickson Street but said he is very leery of making less space for people to move in and more space for automobiles. He stated that he feels it is a big mistake to talk about beautification in one breath and then talk about asphalt for the beautifi- cation in the next breath. He was concerned that the proposal would cause a personality change for the area from human to mechanic. 110.7 Mr.Underwood commented that the proposal is merely an attempt to get improvements underway for Dickson Street and if the current plan did not work, they could restore the street as it is now. He mentioned that the merchants had also considered leaving the parking as is, and constructing a bicycle path. 110.8 Gary Combs stated that he thinks "Dickson Street is about the most despicable place in Fayetteville" because of the run-down condition it is now in. He said he wouldn't take his wife down the street because of the "wide sidewalk" which many people feel is so great. 110.9 Mrs. Neely stated that she feels Dickson Street is an excellent area for university students and spoke in favor of improvements. 110.10 Mike Davis, Dickson Street property owner, said he would like to see at the same time anything is developed on Dickson Street, that they take into consideration the pedestrians and do not reduce the size of pedestrian conveyances, that they develop crosswalks and speed -breakers and at the same time make allowances for mass transit stops; that lighting be included in the plans, and that off-street parking be provided. 110.11 In response to the Directors, the City Manager stated that at the present time, concrete is slightly more expensive than asphalt. 110.12 Director Todd said if the idea in reducing the width of the sidewalk is to save the property owner's money, it might be worth the City's time to look at paying the difference in the cost of constructing an 8 foot sidewalk and a 12 foot sidewalk. 1 1 1 7-17-79 111 Mayor Malone asked Director Todd how he would feel about a 12 -foot 111.1 sidewalk and a bicycle path and Todd indicated he felt this would be a good idea. Malone suggested the property owners could pay the cost of installing 8 feet of Sidewalk and the City could try to pay for an additional 4 feet, retain the parallel parking as is, and provide a small bicycle lane. Director Colwell said he feels the Board would be establishing a dangerous 111.2 precedent by helping the property owners construct sidewalk. He stated that he feels the people who currently use Dickson Street will use it regardless of the size of the sidewalks, and the important objective is to get the area cleaned up so people who do not now use Dickson Street will not be afraid to go down there. City Manager Grimes stated that they have been working for years to try to 111.3 get something going on Dickson Street. He pointed out that when they were con- sidering improvements to the Square many people opposed the final plan, but now Q) most people are proud of the improvements which have been made. O Mayor Malone said he would like the traffic superintendent to look at the 111.4 CO angle parking and the impact this would have with people backing out onto the 0 street. He said he personally would like to have a 12 -foot sidewalk (asking the property owners to pay for 8 feet and the City to try to pay for the additional 4 feet); and the City trying to provide drainage, curb and gutter, retain the parallel parking, and mark off a bicycle lane on the street if there is enough room. The mayor asked the city manager where the money would come from for improvements and Mr. Grimes said they probably would be looking at a new budget before something could be done. Director Lancaster pointed out that the sidewalk is the responsibility of 111.5 the property owner. He said the City would be committed for street and curb and gutter and suggested that the property owners should pay for their own sidewalk. He agreed with Director Colwell that the City would be in a bad position if they helped the property owners improve the sidewalk. He said he is in favor of leaving Dickson Street like the property owners want it, as long as it is cleaned up. Bill Underwood stated that the property owners have agreed to improve or 111.6 replace where needed, 8 feet of sidewalk in front of their business. Director Henry questioned how many property owners' concurrence they would lose if the City required a 12 or 16 foot sidewalk. Carter Schell pointed out that the wider sidewalk exists only in the area from Rollston to West Street and the other sidewalk areas vary from 8 to 11 feet. Carl Collier stated that if the sidewalk is reduced to 8 feet the property 111.7 owners would save money which could then be used to improve their building. He proposed that the City, as a starting point, run a cost study on the proposed plan and budget for the proposal, since it has been approved by 100% of the property owners. Director Todd stated that he did not feel any capital improvements could come out of the city budget next year. Mr. Grimes stated that the City had done cost estimates earlier on curb and 111.8 gutter for the entire length of Dickson Street, and the estimate was approximately $83,000. Grimes pointed out that maintenance is a City responsibility so they would need to replace curb and gutter even if nothing else happens, and he has already requested the street superintendent to budget what he can for curb and gutter replacement next year. Grimes pointed out that much of the old sidewalk will probably come apart when they install the curb and gutter and suggested they try to tie the two projects together. Joe Neal said he feels the retail merchants on the street should be contacted 111.9 by the Board before any action is taken. He said even though they don't own the building, they are footing the bills for the property. 112.1 112.2 7/17/79 112 Mayor Malone moved to ask the City Manager to determine the cost of the proposal as presented and submit a recommendation at the next meeting, including a recommendation of what fund the improvements could come from. Malone said this would also give the tenants an opportunity to express their opinions on the proposal. Director Henry spoke in favor of the 12 -foot sidewalks and seconded the mayor's motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, and Henry. Nays: None. Absent: Noland. The mayor declared the motion passed. FUNDS TRANSFER 112.3 The mayor opened the public hearing regarding the transfer of $200,000 from the revenue sharing trust fund to the public works fund to be used for operations and maintenance expense. 112.4 Mr. Grimes said the staff recommendation is to transfer $150,000 to the salary account of public works and $50,000 to be used for original sidewalk construction in areas of the City where sidewalks do not presently exist or to connect two segments of sidewalk. 112.5 State Senator Morris Henry stated that the need for sidewalks in Fayette- ville is a chronic problem and said as a state senator he hes received more mail on this issue than any other issue during his 12 years in the legislature. Henry said he had talked to the highway department concerning sidewalks and their attitude seemed to be that they do not have money to construct both roads and sidwalks and some of the commissioners seem to be opposed to spending highway money for sidewalk construction. Henry urged the directors to look at the importance of sidewalks and strongly recommended that any extra money be spent toward sidewalk improvement and development. 112.6 Joe Neal recommended that sidewalks be included in the planning process when roads are improved. He stated that he is very concerned about the area of South School where it connects with Archibald Yell. Neal suggested the City needs a sidewalk plan which shows where sidewalks should be built. City Manager Grimes said the staff has submitted an application for a grant for sidewalk planning. Director Henry moved to adopt the recommendation of the City Manager 112.7 that 1150,000 be transferred to the salary account of Public. Works and $50,000 be set aside for sidewalk construction. Director Lancaster seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed. REZONE: ROCK STREET 112.8 The city attorney read an ordinance rezoning an .819 acre parcel of property located on the south side of Rock Street, between Block and East Avenues, submitted by Clark McClinton and the Salvation Army from R-0, Residentail Office District to C-3, Central Commercial District. 112.9 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 1 1 1 7-17-79 113 Director Lancaster seconded by Director Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, and Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. Mr. George Blackwell was concerned that the Salvation Army continue in operation and Gary Carnahan stated that it is the intent of the property association to expand the operation and provide a broader service to the community. CD There being no further discussion, the mayor asked if the ordinance 113.3 O should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. ap Nays: None. 0 Absent: Noland. The mayor declared the ordinance passed. Q ORDINANCE NO. 2540 APPEARS ON PAGE L13 OF ORDINANCE AND RESOLUTION BOOK VII. 113.1 113.2 1 1 WATER SERVICE / BLACK OAK ROAD The mayor explained the proposed resolution would authorize the 113.4 temporary transfer of property from the Mt. Olive Water Association service area to the City's growth area water service for a 60 -acre parcel of property on Black Oak Road, northeast of Lake Wilson. He explained that the Mt. Olive Water Association is not able to serve said property at this time. Gary Carnahan explained further that the Mt. Olive Water Association 113.5 voted unanimously to grant a 5 -year water release to the City of Fayetteville to allow Fayetteville to serve this property and if the Mt. Olive Water Association cannot serve the property within five years, Fayetteville would permanently retain service. He said if Mt. Olive Water Association did extend water lines to serve this property within five years, they would ask the City of Fayette- ville to return the area to the Mt. Olive Association. In the absence of the Water/Sewer committee chairman, Director Lancaster 113.6 said the committee recommends this request be approved provided that within five years the Mt. Olive Water District must connect this property to a main line of their system or the property will revert permanently to the Fayetteville water jurisdiction. The city attorney said he had reviewed the agreement and it incorporates all conditions outlined. Director Lancaster seconded by Director Todd moved a resolution be 113.7 approved authorizing an agreement be executed as specified above. Director Todd asked if this would affect the planning area boundary and 113.8 the city manager said it would, as the planning area boundary and the water service boundaries are the same. Director Colwell questioned if notification should be required before an ordinance is passed amending the planning area boundary and the city attorney explained that the city board can, by a majority vote, amend the planning area jurisdiction without public notice. Director Colwell was con- cerned that the property owners may not want to be i -n the planning area of the City of Fayetteville. City Attorney McCord said the developer of this property was aware that the planning jurisdiction question might be brought up and he is planning to meet the regulations of the planning area jurisdiction. 114 7-17-79 114.1 The city attorney read an ordinance amending the planning area boundary to incorporate the 60 -acre tract which will be served by the Fayetteville water system. Director Lancaster, seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 114.2 Director Osborne, seconded by Director Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 114.3 Director Osborne, seconded by Lancaster, moved the emergency clause be adopted as a part of this ordinance. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed. 114.4 The mayor asked if the ordinance, as amended by adding the emergency clause should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Jays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE N0. 2541 APPEARS ON PAGE \k' -I OF ORDIiNANCE AND RESOLUTION BOOK VII. 114.5 The mayor then called for a vote on the motion to authorize the mayor and city clerk to execute a water service agreement with the Mt. Olive Water Association. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: gone. Absent: Noland. The mayor declared the resolution approved. RESOLUTION NO. 64-79 APPEARS ON PAGE a.:59 OF ORDINANCE AND RESOLUTION BOOK VII. COIOEMNATI0N: Porter Rd. & Wedington Drive Sewer Project 114.6 Next for consideration was a resolution authorizing the initiation of condemnation proceedings regarding the acquisition of sewer line easements for the Porter Road/Wedington Drive sewer project. 114.7 Director Lancaster, seconded by Director Colwell, moved the resolution be approved. The recorded vote on the motion was: Ayes: Lancaster, Todd, Malone, Colwell, Henry. Nays: None. Absent at Roll Call: Osborne. Absent: Noland. The mayor declared the resolution approved. RESOLUTION N0. 65-79 APPEARS ON PAGE a 4 3 OF ORDINANCE AND RESOLUTION BOOK VII. 1 1 1 1 1 7-17-79 WATER/SEWER BUDGET The next item for consideration was a resolution authorizing the expenditure of up to 10% of the amount in the 1978-79 water and sewer budget until the 79-80 budget is approved. In the absence of Water/Sewer Committee Chairman Noland. Director Lancaster explained that the committee felt it would take some time to get answers to a number of things and they were not yet ready to recommend approval of the proposed budget. Lancaster moved the resolution to allow the water and sewer department to spend up to 10% of the amount in the 1978-79 water and sewer budget be approved. Director Colwell seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Malone, Colwell, Henry. Nays: None.-. 1 Absent at Roll Call: Osborne. Absent: Noland. The mayor declared the resolution passed. RESOLUTION NO. 66-79 APPEARS ON PAGE 246. OF ORDINANCE AND RESOLUTION BOOK VII. COMMERCE DRIVE DEDICATED The city attorney read an ordinance dedicating the public street right- of-way for Commerce Drive located in the Industrial Park. Mayor Malone seconded by Director Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the ordinance was read for 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: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. There being no opposition present, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2542 APPEARS ON PAGE 116 OF ORDINANCE AND RESOLUTION BOOK VII. STEAM -LINE CASING Mayor Malone explained the proposed resolution would authorize the mayor and city clerk to execute an agreement with the Arkansas State Highway and Transportation department for the installation of a steam -line casing under Highway 62 at Razorback Road. City Manager Grimes explained that this cost would be transferred back into the cost of the total project, however, if the project did not materialize, the casing would still be beneficial. 115 115.1 115.2 115.3 115.4 115.5 115.6 115.7 116 7-17-79 116.1 Director Lancaster, seconded by Henry, moved the resolution be approved. The recorded vote on the resolution was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the resolution passed. RESOLUTION NO. 67-79 APPEARS ON PAGE 247 OF ORDINANCE AND RESOLUTION BOOK VII. BID AWARD: W/S IMPROVEMENTS - INDUSTRIAL PARK 116.2 City Manager Grimes explained that these water and sewer improvements were reviewed by the Board at an earlier meeting and recommended the bid be awarded to Combs Construction for the alternate bid on sewer at a cost of $46,909, and the bid an water using ductile iron pipe at a cost of $58,694. 116.3 Director Henry moved the manager's recommendation be accepted. Director Lancaster seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed. BID AWARD: CHEMICALS 116.4 Purchasing Officer Sturman Mackey recommended the bid for liquid chlorine be awarded to low bidder Thompson -Hayward and the bid for ferric chloride be awarded to Conservation Chemical Company, the only bidders. He recommended they accept the bid received on hydrated lime from Arkansas Lime Company, the only bidder and thereafter take low quotation bids. The city attorney advised that an ordinance should be passed waiving competitive bidding requirements for the hydrated lime. 116.5 Director Colwell noted the rapid increase in the price of chemicals and asked if the City has any storage facilities available for chemicals. Purchasing Officer Mackey said the City does not have facilities to store chemicals. 116.6 Director Henry, seconded by Mayor Malone, moved the recommended bids be awarded. 116.7 The City Attorney read an ordinance waiving competitive bidding require- ments for the purchase of hydrated lime. 116.8 Director Henry, seconded by Lancaster, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney for the second time. 116.9 Mayor Malone moved the rules be further suspended and on third and final reading. Director Osborne seconded the vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the ordinance was and final time. read the ordinance the ordinance placed motion. The recorded read for the third 1 1 1 7-17-79 The mayor then asked if the ordinance should pass,. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2542 APPEARS ON PAGE 116 OF ORDINANCE AND RESOLUTION BOOK VII. The mayor then asked if the motion by Director Henry to approve the bids as recommended should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. CD Nays: None. O Absent: Noland. The mayor declared the motion passed. POLLUTION CONTROL PLANT Q City Manager Grimes explained that the engineers are ready to proceed with improvements to the Pollution Control Plant as discussed a few months ago. He introduced Mr. Terry Williams of McGoodwin, Williams and Yates Engineering Firm. Mr. Williams explained the total estimated cost is $43,826 and recommended Bennett Construction Company be authorized to complete the work. Mr. Williams explained one mayor expense which was not discussed previously is removing of the top of the chlorine contact basin to keep it from exploding when liquid oxygen is pumped in. Williams said Bennett Construction has completed the work specified in the initial contract. Williams explained that time is a critical problem as late August and September is when the river is low and flow problems occur causing possible fish kills. In response to the Board, Williams said if the Board requests that bids be taken it would take him at least a week to get specifications and contract documents prepared. Mr. Williams said. he feels the bid submitted by Bennett is a fair bid and pointed out that the cost is not to exceed the bid. Mayor Malone seconded by Director Osborne, moved a change order be authorized for the original contract to add these improvements. The city attorney read an ordinance waiving competitive bidding require- ments for the Improvements to the Pollution Control Plant. Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Osborne, seconded by Director Colwell, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. 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: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. 117 118 7-17-79 118.1 The mayor declared the ordinance passed. ORDINANCE NO. .25.4:4 APPEARS ON PAGE 119 118.2 The mayor then called for a vote on orders with Bennett Construction. The Ayes: Lancaster, Todd, Osborne, Malone, Nays: None. Absent: Noland. The mayor declared the resolution passed. OF ORDINANCE AND RESOLUTION BOOK VII. the resolution authorizing the change recorded vote was: Colwell, Henry. RESOLUTION NO. 68-79 APPEARS ON PAGE 253 OF ORDINANCE AND RESOLUTION BOOK VII. OTHER BUSINESS CONIINUING EDUCATION CENTER 118.3 City Manager Grimes asked for authorization to advertise for bids for the construction of the Continuing Education Center. 118.4 Mayor Malone, seconded by Director Osborne, moved the resolution be approved. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the resolution passed. RESOLUTION NO. 69-79 APPEARS ON PAGE 254 OF ORDINANCE AND RESOLUTION BOOK VII. CHECK SIGNING 118.5 City Manager Grimes asked for authorization for the purchasing officer to co-sign checks with him in the absence of a city controller. Director Todd asked who verifies checks and Sturman Mackey explained the procedure for writing checks. 118.6 Director Todd stated that this proposal violates internal control standards. Mr. Grimes explained that the acting controller will only be with the city for approximately another month and said he had discussed using the purchasing officer to co-sign checks with the auditors. 118.7 Director Osborne moved the approval be granted. Director Lancaster seconded the motion. The recorded vote was: Ayes: Lancaster, Osborne, Malone, Colwell, Henry. Nays: Todd. Absent: Noland. The mayor declared the motion passed. ASPHALT FOR STREET DEPARTMENT 118.8 City Manager Grimes said the street superintendent has only found one supplier for emulsified asphalt at a price of 50.6 cents per gallon, which he feels is comparable to the price of other oils. Street Superintendent Clayton Powell said he had contacted four of the regular suppliers of oils and three of them would not quote the emulsified asphalt. 118.9 Powell explained the total cost would be about $26,000 and the company would furnish a tanker to be used during the slurry sealing and would train city employees to use the equipment. 118.10 The city attorney read an ordinance waiving competitive bidding requirements for the purchase of emulsified asphalt for the street department. 118.11 Director Colwell, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. 1 1 1 7-17-79 119 The recorded vote was: 119.1 Ayes: Lancaster, Todd, Osborne, Malone, Colwell and Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and City Attorney P1cCord read the ordinance for the second time. Director Colwell, seconded by Lancaster, moved the rules be further sus- - 119.2 pended and the ordinance placed on third and final reading. The recorded vote on this motion was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, and Henry. Nays: None. Absent: Noland. O The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 00 There being no further discussion, the mayor asked if the ordinance should 119.3 Q pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, and Henry. Nays: None. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2545 APPEARS ON PAGE. 120 OF ORDINANCE AND RESOLUTION BOOK VII. POLICE CHIEF APPOINTMENT City Manager Grimes said the civil service commission has four finalists 119.4 for police chief --Clint Hutchens, acting police chief; Bob Richardson, currently with the State of California; Bob Jones, captain in the police department; and Bud Dennis. He said the next meeting of the commission would be August 6. STORER AVENUE VACATED The City Attorney stated that developer Jerry Sweetser had requested the 119.5 Board to consider waiving a portion of Storer Avenue, north of Lawson. He said the Planning Commission has required the developer to either improve Storer or close that portion and construct a 20 -foot wide private drive to serve his large scale development and some property owned by Helen Edmiston. McCord explained that a certificate of occupancy could not be issued until the access question could be resolved. He said the Planning Commission had indicated they would rather Mr. Sweetser close this portion of Storer and build a private drive on the current right-of-way. McCord explained that if this portion of Storer was closed, the Board would 119.6 also need to waive frontage requirements for the Edmiston property and the Sweetser large scale development. The mayor asked if public notification is required before the Board could 119.7 close the street and McCord explained that the Board could pass an ordinance closing a street without the public hearing procedure if the street is not needed for corporate purposes. The mayor was concerned that getting an item on the agenda lets the public 119.8 know it will be considered, and there are already too many items considered under "other business". Director Todd asked if Sweetser is now ready to provide some badly -needed 119.9 housing and McCord said Sweetser is ready to rent the apartments but does not want to proceed with the access to the property until he knows the desire of the Board on a public or private road. The City Attorney then read an ordinance vacating a portion of Storer 119.10 Avenue north of Lawson. 120 120.1 Director Colwell asked when this came before the Planning Commission and Director Henry said the large scale development had been approved months ago. Colwell was concerned that the properties affected by the closing of the street should be notified. 120.2 Street Superintendent Clayton Powell said this was thoroughly discussed at Plat Review and it was the recommendation of that committee that this portion of Storer be closed. Powell said Helen Edmiston, owner of the property which would be affected, was present at that meeting. City Attorney McCord said he felt Mr. Sweetser would give access to any properties which need access. 120.3 Director Osborne, seconded by Henry, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 120.4 Director Todd, seconded by Malone, moved the rulas be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed and the city attorney read the ordinance for the third and final time. 120.5 Director Colwell moved the final vote on the ordinance be tabled to allow time to( contact property owners who would be affected by the street closing. Said motion died for lack of a second. 120.6 The mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone. Nays: Colwell, Henry. Absent: Noland. The mayor declared the ordinance passed. ORDINANCE NO. 2546 :1PPEARS ON PAGE 121 OF ORDINANCE AND RESOLUTION BOOK VII. 120.7 Director Osborne, seconded by Todd, then moved to waive frontage require- ments for the properties affected by the closing of this portion of Storer. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The mayor declared the motion passed. MINUTES 120.8 Director Todd asked that paragraph 98.9 be amended to say "feasibility of going to the north of the Winwood Baptist Church". With this correction, the minutes were approved as submitted. There being no further business, the meeting adjourned at 10:00 P.M. 1 1 1