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HomeMy WebLinkAbout1989-09-05 Minutes>.85.1 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, September 5, 1989 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor William Martin; Directors Michael Green, Russ Kelley, Ernest Lancaster, Paul Marinoni, Jr., Shell Spivey and Fred Vorsanger; City Manager James Pennington, City Prosecutor Terry Jones, City Clerk Suzanne McWethy; members of the staff, press and audience CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor welcomed the new City Attorney, Jerry Rose, asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. 285.2 The Mayor welcomed the public watching the meeting on television, and those present in the audience. He said everyone present would have an opportunity to address the Board on every item under discussion. He asked that those wishing to speak introduce themselves, give their place of residence, keep their comments concise and non -repetitive, and address the entire Board. He said any questions for the Board or staff should be directed to the Mayor. FULBRIGHT HONORED 285.3 Dan Ferritor, University of Arkansas Chancellor, said on September 22 J. William Fulbright, for many years the junior senator from Arkansas, would be returning to his home in Fayetteville, and during that time a number of people at the University and in the city have dedicated three days to "Welcome Home Bill" time. Ferritor told the Board that fifty years ago this month Senator Fulbright became President Fulbright of the University of Arkansas and served in that post for two years before moving on to Congress and the Senate. 285.4 Ferritor said, in order to show Fulbright how much the community appreciates him, he was requesting the Board set aside a space on the west side of the Old Post Office on the Square right outside the building, to place a plaque commemorating Senator Fulbright and his many long years of homecomings to Fayetteville and his long years of service to the United States and to the world. 285.5 Ferritor said John Lewis, President of Bank of Fayetteville, wrote a letter to the City Board expressing his regret that he was unable to attend the meeting, but expressing his support of the request. Ferritor read Lewis' letter to the Board. 1 • •September 5, 1989 It was moved by Martin and seconded'by Vorsanger to approve the request. 286.1 Bill Giese, Fayetteville resident, said he wanted to make sure it was included 286.2 that, it was through Fulbright's leadership that the Gulf of Tonkin resolution was pushed through. George Blackwell, Fayetteville resident, said Fulbright was the compelling force 286.3 in the acquisition of the Veterans' Hospital in Fayetteville, and has spent a lot of his lifetime for the benefit'of'the veterans and their families. Upon roll call, the motion.passed, 7-0: RESOLUTION 76-89 APPEARS ON PAGE 1 s OF ORDINANCE AND RESOLUTION BOOK CONSENT AGENDA • The Mayor introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda." The Mayor explained that the Consent Agenda represents items on which there is thought to be unanimous agreement by the Board, but pointed out any Director may request the removal of an item from the Consent Agenda. The Mayor read the items contained in the consent agenda, as follows: Minutes of the August 15, 1989 regular Board meeting and the August 9; 1989 special Board meeting; 286.4 286.5 286.6 B. Consideration of a resolution authorizing the Mayor and City Clerk 286.7 to execute a one-year agreement with Continental Ozark, Inc., for lease of the north one-half of the executive aircraft hangar at the Fayetteville Municipal Airport; The City Manager recommends approval of the lease. The term of the lease is to be from September 1, 1989 through August 31, 1990, with three options to renew, at a monthly rate of $653.48. This is an increase of $33.48 per month over the rate charged in 1986, 1987 and 1988. RESOLUTION 77-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK C. Consideration of a resolution authorizing the Mayor and City Clerk 286.8 to execute a one-year agreement with the University of Arkansas for the south one-half of the executive hangar at the Fayetteville Municipal Airport; September 5, 1989 37.1 The City Manager recommends approval of the lease. The term of the lease is to be from July 1, 1989 through June 30, 1990, at a monthly rate of $653.48. This is an increase of $33.48 per month over the rate charged in 1987 and 1988. RESOLUTION 78-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 87.2 D. Consideration of the award of Bid #89-35, for the purchase of a water main drilling machine; and a request for approval of a budget adjustment; 87.3 287.4 287.5 The City Manager recommends award to the second lowest bidder, Municipal Pipe and Supply of Ft. Smith, whose bid was within 5% of the lowest bidder, an out of state vendor. Arkansas law gives Arkansas vendors preference over low out-of-state bids when their bid is within 5% of the lowest bidder. BID AMOUNT: $15,602.45 BUDGET: $11,500 The City Manager recommends approval of a budget adjustment of $4,103, to be taken from funds budgeted for chemicals which will not be used. E. A request for approval of a budget adjustment to cover the cost of repairs to the City -owned ROA Head Start facility located at 2052 S. Garland; The Head Start Program, operated under the direction of the Economic Opportunity Agency, is currently housed in a City - owned building constructed with Community Development Block Grant funds. The City Manager recommends approval of the budget adjustment, in the amount of $5922.15, to be taken from Unreserved Fund Balance. The funds would be used to repair ceiling and floor damage caused by a water line in the ceiling of the facility which froze and broke last winter. F. Consideration of a resolution authorizing the City to participate with the University of Arkansas in the cost of a study to compare water quality in Mud Creek now and prior to the discharge of treated sewage from the City's wastewater treatment plant; The Mayor asked if any Director wished to request that any item be removed from the Consent Agenda. The Mayor requested the removal of Item F. It was moved by Vorsanger and seconded by Marinoni to approve the Consent Agenda. Upon roll call, the motion passed, 7-0. 1 , A September 5, 1989` MUD CREEK WATER QUALITY STUDY ` , In• reference to Item F, Martin explained that Mud Creek ran through his property, and that in 1985 and 1986 when the first study was done, he abstained from the decision in an effort to avoid any appearance of conflict of interest and thought, in the interest of consistency, he should abstain again from the issue. . • 288.] Director Vorsanger suggested that in the proposal where the figure is mentioned, 288.: "cost not to exceed $10,000" be inserted. Martin said he thought that was appropriate. Upon roll call, the resolution was:approved,-6-0-1, Martin abstaining. RESOLUTION 79-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK RECYCLING AWARENESS MONTH The Mayor presented a proclamation to Edward Hejtmanek, representing "Trash Busters", in which the September 23• Recycling Rally was endorsed by the City, and in which the month of September was declared as "Recycling Awareness Month". Hejtmanek, on behalf of "Trash Busters", expressed his appreciation to the Board for the cooperation received from City employees in working towards realization of an effective recycling program for the City. He said they realized the recycling portion of the solid waste management program was only the first step in what must be a massive effort to reduce, reuse and recycle as outlined in the City Manager's Task Force report. He urged the Board to approve the funding necessary to implement the drop off stations for recyclables, the yard waste composting program, the household hazardous chemical pickup program, and to develop a sanitation rate restructure that will reflect the urgent need to reduce the waste stream in our society. He said the rates could be structured in a way that reduction of waste will be rewarded, and inattention to the amount of waste an individual generates becomes more costly. He said they believed the citizens of Fayetteville were ready for and can appreciate the need for such restructuring, and they will continue to work with the City to help educate friends and neighbors about the need for and the mechanics of recycling and to demonstrate to the institutional and commercial segments how important it is that they join in the effort to reshape our lifestyle with regard to waste. He said it was their intent to be a visible force in the community to fight waste and refuse wherever they find it. Special guest, "Trashbuster", addressed the Board, reminding them of the Recycling Rally on September 23 at Wal Mart Fiesta Square. He urged the Board to save their recyclables for the rally and observe how much it reduces their solid waste. He thanked the City staff for their diligence but stressed that we must continue our efforts to reduce solid waste. The Mayor urged everyone to attend the Recycling Rally. 288.: 288./ 288.` 288.( 288.', September 5, 1989 289.1 Director Green noted this was the second recycling rally held in Fayetteville, and commented that he felt the public was ready to recycle. He said it was a great idea and something we can all get behind. He said it was a first step towards solving our solid waste problem. He said the Trashbusters put in a tremendous amount of effort. 289.2 Bonnie Schleiff, Fayetteville resident, asked how the handicapped and elderly would be helped by the program. Scott Smith, City Recycling Coordinator, said he and Trashbusters have been in contact with people who have volunteered to help their neighbors who could not participate in the program, and act as small recyclable haulers. 289.3 The Mayor said anyone wishing to participate in the rally should call the City Manager's Office for assistance either in transportation or in transport of their recyclables. 289.4 COMPOSTING CONTRACT The Mayor introduced consideration of a resolution authorizing award of contract for development of a municipal leaf and yard waste composting facility. He told the Board the staff recommended award to the only qualified firm submitting a proposal, Hileman-McKinney and Associates, proposing a fee of $24,400. He said the budget contained $35,000 to cover the expense. 289.5 It was moved by Green and seconded by Martin to approve the resolution. 289.6 In answer to a question from a citizen, Public Works Director Bob Kelly said the city anticipated being ready on the site, if city land can be identified, for the fall. Kelly said the term of the contract is for one year. 289.7 289.8 289.9 Director Vorsanger said it should be pointed out that citizens will be able to avail themselves of the end product. Upon roll call, the motion passed, 7-0. RESOLUTION 80-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK BID AWARD/RECYCLING DROP-OFF STATION CONTAINERS The Mayor introduced award of Bid #89-38 for the purchase of seven recycling drop-off station containers. He said the staff recommended the award to the only bidder, Feberex, Inc. of Virginia Beach, Virginia, bidding $28,735. He said this request was added to the agenda at this time so that the containers could be used for the recycling rally. 289.10It was moved by Green and seconded by Marinoni to approve the recommendation. September .5,.1989$...- h Director Vorsanger said about six months ago we declined.,the purchase of a truck to be used to pick up recyclables. He asked how•we were going to pick them up now. City Manager Pennington explained the original,prograin had changed from door-to-door pickup to drop-off stations.. Director Spivey asked if the City had �a�crane available right now to pick up the containers. Public Works Director telly said the City would have to purchase a flatbed truck with a crane. He°said in the meantime the equipment would be leased. . Upon roll call, the motion passed,"14. SANITATION RATE INCREASE • The Mayor introduced an ordinance to increase residential, commercial and load - all sanitation rates to compensate for costs of operations; left on first reading on August 15. He explained the increase would be in addition to the one adopted on August 15 to pay off the incinerator. He said the proposed increase in residential rates would amount to $2.38 per month, while the average increase proposed for commercial rates would be $3.83 per month. City Attorney Rose read the ordinance for the second time. Director Green said he still felt this rate increase was really untimely. He said he realized we had a real shortfall in the sanitation budget and needed to do something about it very quickly. He noted. we were in the middle of re- evaluating our rate structure and said, until we can look at the whole picture, he really felt we should postpone this until staff can propose an entire program instead of just an across-the-board rate increase. Green, seconded by Marinoni, moved to postpone the ordinance until the City Manager and staff has had a chance to look at the total rate structure. 290.1 290.4 290.: 290.2 290.` 290.E Marinoni said that at the last meeting staff said they were in the process of 290.: doing the study, and it was suggested then that the study would take until November 1st to complete, or three months. Marinoni suggested limiting the postponement to three months. In answer to a question from Director Lancaster, Assistant City Manager Linebaugh explained the commercial rate was just an average, and not necessarily on a per - can basis. He said the rate would cover more than one can or a "load -all". Director Kelley asked whether we had the time to delay the rate increase for 90 days. He said he would like a shorter delay, suggesting 30 days. Linebaugh said he projected we would lose $500,000 this year, and the increase would amount to approximately $60,000 per month, so a delay of three months would mean a loss of .$180,000 in revenue. He said, financially, it would not "put us under" to delay it. 290.1 290.' September 5, 1989 291.1 City Manager Pennington said many alternatives have been developed and the sooner these are brought before the Board the easier it will be to move into a new system. He said all the alternatives being studied are designed to cut the cost of operations, which means reducing the level of service. He said there is no discussion at this point about increasing the level of service. Pennington said he hoped, by the middle of October, to have a complete session with the Board and the public to discuss the alternatives. 291.2 Director Vorsanger said two weeks ago, when the ordinance was read the first time, he understood the ordinance would be read for the second time now, and a third reading would take place in October, giving the Board sufficient time to look at all the problems. He said the City hadn't had a rate increase since 1982 and it seemed to him that for the past seven years we ought to have been studying the problem. He said the Board was now looking at a deficit of $500,000 for this year and really not doing very much about it. He said, if $180,000 isn't going to make that much difference, "then there's something wrong with our bookkeeping". He said he thought it made a big difference. Vorsanger said "there's nothing more permanent around this place than a temporary solution." He said he thought we ought to move ahead with this, and added that we ought to look at what we can do in cutting our services, keeping in mind the elderly and those who can't afford to pay any increased rates. 291.3 Director Lancaster told the Board that about three years ago the staff worked up a cost -of -service increase and told the Board at that time a rate increase would be needed. He said the Board at that time saw fit to not even consider it because of public opinion and the issue of the incinerator. He said he thought the whole picture should be looked at, but said the longer we wait the more we're going to be in trouble. 291.4 Director Vorsanger said he received a very thoughtful letter regarding the rate increase written by Carol Hatcher and asked the City Clerk to enter it into the record. He said the letter discussed the very problem of reducing some services. 291.4 291.6 Director Green said Vorsanger was correct in that we need to take immediate steps towards being fiscally responsible, but said in any business enterprise there are two ways to reduce a deficit - increase the fees or improve the efficiency. He said he didn't think we had completely looked at how we can improve the efficiency of our operation, and how we can equitably charge rates based on cost of service, prior to just arbitrarily raising the rates. Martin said the delay would hopefully result in citizens having a choice as to the amount of increase they would have to bear, with those who produce less solid waste having to pay less. He said it was clear we can't have unique solid waste collection service for every individual, but thought we could do better than a single rate for a broad class of customers. He said he favored the delay for that reason. 291.7 Kelley asked if we knew yet how much money we would save between implementation and the end of the year. City Manager Pennington said he thought the staff felt comfortable that the $2.38 increase is needed to maintain twice weekly back -door pickup, with once weekly trash pickup. He said it was intended all along to make 1 • September 5, 1989;= ), • changes, but said he had no projections at this point'of cost savings. Kelley asked if between now and the end of the year we will have cost savings and projections, with a program implemented. NPennington said,,he wouldn't want to stake his reputation on that. Kelley asked if waiting another 90 days would cause the rate increase to be higher to make up for the continued deficit during the time period. Pennington said he didn't think any staff could say "no, that's not a possibility." Kelley said the only way he could support a delay in sanitation rates would be if the delay were no longer than thirty days. The Mayor asked for public cornnent.,,. Fran Alexander, resident of Fox Hunter Road, said she was afraid that, if the bill is not itemized, people will think recycling is the cause of the increase in rates. She urged the staff to break down the increase between the cost of operations and the cost of recycling on the bill. She suggested the citizens pay for the service they receive, whether it be to take their trash to a landfill, or whether they recycle their trash. Director Vorsanger asked where the money for the recycling program was coming from. Assistant City Manager Linebaugh said part of it will come from the sanitation budget and the fixed asset costs will come from sales taxes. Vorsanger asked which part would be paid from sanitation fees. Linebaugh said operations costs, such as the Coordinator's salary, would come from sanitation fees. 292.1 292.2 Vickie Kelley, speaking on behalf of Northwest Arkansas Waste Management, said 292.3 landfill prices were "in the air" and are going to keep climbing. She said they were in a quandary, were filling up, losing space, and having expansions put on hold. She said those things would "come back on the City" and be reflected in present contract negotiations. She said they will have some limitations on services they can offer. She said they can only receive what they are permitted to receive, which has eliminated tires for the present time and which was the basis for the recent denial of medical wastes. Kelley congratulated the City for its efforts towards composting, commenting that these types of things will reflect on the longevity of the landfill. She said for every ton of yard and leaf waste taken out of the landfill, they can bury an additional three tons of municipal garbage. Director Spivey said an alternative solution would be a temporary increase until January 1, after which time the increase would be removed, giving us time to put new measures into operation. He said this would put the staff under a deadline to complete their work and, hopefully, the amount of the increase could be rolled back. There being some questions regarding the intended length of the motion to postpone, the Mayor stated it was for no certain time, that it was to be until staff completed their study and that it had been suggested that study would be completed by November 1. Upon roll call, the motion passed, 5-2, Directors Kelley and Spivey voting in the minority. 292.4 292.` 292.E September 5, 1989 CD FUNDS 293.1 The Mayor introduced consideration by the Board regarding the use of an additional $16,000 in Community Development Block Grant funds; and a request for approval of budget adjustments to transfer the funds to the Community Development Program accounts. 293.2 The Mayor explained that, since the 1989 CD budget was approved in the amount of $412,000, the Department of Housing and Urban Development has awarded the City an additional $16,000 in funds. He said the City Manager recommends the funds be allocated to the following Community Development activities: Elderly Taxi Program $ 5,000 Administration 5,000 Public Improvements 6,000 The Mayor said the following Board action was necessary in connection with the use of these additional funds: 293.3 A. A public hearing on the use of $5,000 to supplement current funding being used for the Elderly Tau Program. Because this program is a new activity, the public hearing is required for input from the general public as to how these funds might be used. 293.4 B. Approval of the recommendation that $11,000 of the additional funds be allocated to supplement 1989 activities currently in progress, as follows: $5,000 to purchase an IBM Personal Computer and software for use by Community Development staff; and $6,000 to supplement funds for improvements to Block Street. 293.5 C. Approval of budget adjustments in the amount of $16,000 to transfer the funds to the Canin;ty Development Program accounts. The Mayor opened the public hearing. 293.6 Elaine Walker, with the Northwest Arkansas Regional Planning Commission, distributed the most current statistics on the usage of the Elderly Taxi Program from January through the end of August. Walker said her agency has been evaluating and monitoring the program. Walker said the report shows the program to be an overwhelming success, with ridership being far more than initially anticipated. Walker said the Area Office on Aging provided 85% of the funding up to this point. 293.7 Judy Williams, Program Administrator for the AAA of Northwest Arkansas, said most of the elderly using the program are at or below poverty level. She said the City was introducing transportation to people who might otherwise not have the opportunity. She said if additional funding from their agency should become ;September 5, 1989,;. • available, they would be interested in`negotiating a higher contract with the City. Walker pointed out the program had advantages over other transportation programs, in providing a greater flexibility and freedom over other fixed -route programs. She emphasized that, through August, there have been no procedural or administrative problems. She said the City had done a splendid job administering the program She said C&H Taxi had,done a very good job'and was enthusiastic about the program providing very accurate records. 294.1 There being no other public comments,_the public hearing was closed. Director Vorsanger said he thought it was a wonderful program and said the 294.2 statistics show we are really serving a large part of our elderly community. He said it was one of the best things ever done in Fayetteville. The Mayor noted the recommendation for the usage of the additional $16,000 was 294.3 that $5,000 be used for the Elderly Taxi Program, $5,000 for the purchase. of an IBM personal computer, and $6,000 for additional public improvements to Block Street. It was moved by Kelley and seconded by Vorsanger to approve the recommendation. 294.4 Upon roll call, the motion passed, 7-0. REZONING/R89-20 The Mayor introduced an ordinance rezoning property as requested in Rezoning 294.5 Petition R89-20. Size of parcel: 1.72 acres Location: At the northwest corner of Old Farmington Road and Shiloh Drive Petitioner: Lee and Effie Pennington, by Kirk Elsass Change requested: From A-1 "Agricultural" to C-2 "Thoroughfare Commercial Planning Commission action: Recommended approval, 5-3 The Mayor said the petition was considered in a public hearing before the Planning Commission on August 14, 1989 and the Planning Management Director recommended approval of the rezoning. He reported no public opposition was expressed at the hearing, and a motion to recommend approval passed by a vote of 5-3, Commissioners Jacks, Seiff and Springborn voting against the motion and Commissioner Nash being absent. City Attorney Rose read the ordinance for the first time. Director Marinoni, seconded by Kelley, moved to suspend the rules and place the ordinance on its 294.E 294.; 294.: September 5, 1989 second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Marinoni, seconded by Kelley, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 295.1 The Mayor noted the Board had toured the property that morning. It was also noted the petitioner, Kirk Elsass, was present. The Mayor asked if anyone present wished to speak against the ordinance. No public opposition was expressed. 295.2 Upon roll call, the ordinance passed, 7-0. During roll call, Director Lancaster said the only reason he voted for the ordinance was because there is C-2 zoning all around the property. ORDINANCE N0. 3447 APPEARS ON PAGE /,20 OF OpINANCE AND RESOLUTION BOOK XXV REZONING/R89-21 295.3 The Mayor introduced consideration of an ordinance rezoning property as requested in Rezoning Petition R89-21. Size of parcel: 1 acre Location: Along Shiloh Drive, north of Old Farmington Road Petitioner: Morris I. Barnes and Vernon and Catherine Lirely, by Kirk Elsass Change requested: From A-1 "Agricultural" to C-2 "Thoroughfare Commercial" Planning Commission action: Recommended approval, 6-2 295.4 295.5 The Mayor reported the petition was considered in a public hearing before the Planning Commission on August 14, 1989 and that the Planning Management Director recommended approval of the rezoning. There was no public opposition expressed at the hearing, and a motion to recommend approval passed by a vote of 6-2, Commissioners Jacks and Springborn voting against the motion, and Commissioner Nash being absent. 295.6 City Attorney Rose read the ordinance for the first time. Director Kelley, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Kelley, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 1 September 5, 1989 It was noted that Kirk Elsass was present to represent the petitioner. The Mayor 296.7 asked if anyone present wished to speak against the ordinance. No public opposition was expressed. Director Green commented that, since this was not a unanimous vote of the 296.. Planning Commission, he thought we• at least owed everyone an explanation. He said, since both this tract ofl land and the previous tract (R89-20) was essentially surrounded by commercial development, he thought it appropriate to rezone, since there is an automatic buffer of R-2 zoning there. He said he thought otherwise some Directors might want to stop strip -type commercial development which he thought was a Concern of some commissioners. Director Lancaster said this pointed out a weak link in our zoning. He said not too long ago there was quite a controversy about where to stop commercial encroachment to the north from Highway 62. He said the Commission and Board in the past felt that Old Farmington Road should be, the boundary. He explained the land for the proposed Ozark Cooperative Warehouse was zoned C-2 because it was the only zoning where a warehouse could be located. He explained the warehouse plans fell through. Upon roll call, the ordinance passed, 7-0. 296.. 296.i ORDINANCE NO. 3448 APPEARS ON PAGE /30 OF ORDINANCE AND RESOLUTION BOOK XX V REZONING/R89-24 The Mayor introduced an ordinance rezoning property as requested in Rezoning Petition R89-24. • Size of parcel: 1.06 acres Location: 1654 E. Zion Road Petitioner: Jamie Jones Change requested: From A-1 "Agricultural" to R-1 "Low Density Residential" Planning Commission action: Recommended approval, 8-0 296.' The Mayor said the petition was considered in a public hearing before the 296.1 Planning Commission on August 28, 1989, and that the Planning Management Director recommended approval of the rezoning. He said there was no public opposition expressed at the hearing, and a motion 296.' to recommend approval passed by a vote of 8-0, Commissioner Ozment being absent. City Attorney Rose read the ordinance for the first time. Director Lancaster, 296.1 seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance September 5, 1989 was read for the second time. Director Lancaster, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 297.1 It was noted the petitioner was present. The Mayor asked if anyone wished to speak against the ordinance. No public opposition was expressed. 297.2 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3449 APPEARS ON PAGE /3.2. OF ORDINANCE AND RESOLUTION BOOK RECESS 297.3 The meeting recessed at 9:10 p.m. and reconvened at 9:20 p.m. PROPERTY CLEANUP/513 S. LYTTON 297.4 The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 513 S. Lytton Avenue. 297.5 City Attorney Rose read the ordinance for the first time. Director Marinoni, seconded by Lancaster, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 5-2, Directors Martin and Kelley voting in the minority. City Attorney Rose read the ordinance for the second time. Director Marinoni, seconded by Lancaster, moved to further suspend the rules and place the ordinance on its third reading. Upon roll call, the motion failed, 3-4, Directors Lancaster, Marinoni and Spivey voting for the ordinance and Directors Vorsanger, Green, Martin and Kelley voting against the ordinance. The ordinance remained on its second reading. 297.6 Freeman Wood, Inspection Superintendent, presented slides of the property to the Board. Wood said a building permit was issued several months ago and work was begun to repair the property but then stopped. The Mayor asked if anyone present wished to speak for or against the ordinance. 297.7 Don Johnson, resident of Springdale, said he spoke on behalf of the property owner, his aunt, Olive Johnson, who he said was 83 years old and in very poor health. He asked for 60 days time to do something about the structure. He said the family hoped, by October 1, to begin to do something to either remedy the situation or tear down the structure. He said his aunt owned four other rent houses, the income from which she makes a living, along with a small check. 297.8 Director Green, seconded by Kelley moved to postpone the third reading of the ordinance for 60 days Upon roll call, the motion passed, 7-0. • September 5, 19891' • PROPERTY CLEANUP/1300 PETTIGREW STREET • • The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located in the 1300 block of Pettigrew Street; left on first reading on August 15. , • • City Attorney Rose read the ordinance for the second time.' Director Marinoni, seconded by Lancaster, moved to suspend the rules and place the ordinance on its third and final reading. Upon roll` call, the motion failed, 4-3, Directors Vorsanger, Lancaster, Marinoni and Spivey voting for the motion and Directors Green, Martin and Kelley voting against the motion (five affirmative votes being necessary to suspend the rules). The ordinance remained on its second reading. The Mayor noted the Board toured`the property on August 15. 298.1 298.2 Director Green asked for the status of any repairs or cleanup of the property. 298.3 Inspection Superintendent Wood responded that it was not apparent that anything had been done. He said attorney Rick Osborne called him in the morning and said he would try to talk to the owner and see if she would authorize the expenditure of funds to clean up the property and, if she would, he would get the property cleaned up. Director Lancaster pointed out that the letter from Osborne asking for twenty days to clean up the property was dated August 15. PROPERTY CLEANUP/411 S. LOCUST The Mayor introduced an ordinance ordering the abatement of unsightly conditions 298.4 and the razing and removal of an unsafe structure located at 411 S. Locust Avenue; left on first reading on August 15. City Attorney Rose read the ordinance for the second time. Director Vorsanger, 298.° seconded by Green, moved to suspend the rules and place the ordinance on its third reading. Upon roll call, the motion passed, 5-2, Directors Martin and Kelley voting in the minority. The ordinance was read for the third time. The Mayor noted the Board had toured the property and seen slides of the property 298.E at the last meeting. Director Green said the reason he would prefer to accelerate the passage of this ordinance was because he felt it presented an immediate safety problem. He said the building was burned out and looked like it was about to fall down. He added that children were seen playing in the vicinity. Director Marinoni said he was anxious for action to be taken on the property. 298.E He said two weeks ago he observed an electrical wire, once connected to the building, which had burned loose and was hanging loose in the yard. He said as of today not even the removal of the electrical wire had been done. The Mayor asked if anyone present wished to speak for or -against the ordinance. No public comments were expressed. 298.; September 5, 1989 299.1 Upon roll call, the ordinance passed, 7-0. ORDINANCE N0. 3450 APPEARS ON PAGE /3'( OF ORDINANCE AND RESOLUTION BOOK XX✓ 299.2 PROPERTY CLEANUP/707 N LEVERETT The Mayor introduced an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 707 N. Leverett Avenue; left on first reading on August 15. 299.3 City Attorney Rose read the ordinance for the second time. There being no motion to suspend the rules, the ordinance was left on its second reading. 299.4 In answer to a question from Director Green, Planning Director Merrell said the staff could contact all the owners of the property prior to the next reading of the ordinance. 299.5 Director Vorsanger said it looked to him today that there had been some attempt to fix up the property. 299.6 The Mayor asked if anyone wished to speak for or against the ordinance. 299.7 Don Dees, representing the owner, told the Board that Building Superintendent Freeman Wood pointed out to him he needed a building permit. He said he informed the owner and this afternoon obtained his signature on an application for a building permit. He said in the next couple of days he would obtain the permit. He said work has been done, such as painting, removing broken glass, loose wire, all trash and debris around the house. He said they were working to get the house up to Code. 299.8 299.9 EASEMENT VACATION/VALLEY ADDITION The Mayor introduced an ordinance vacating and abandoning a portion of a utility easement located in the Valley Addition. He said the owner, James Lambeth, is requesting the east 10 feet of the easement be vacated. He said utility companies and Warner Cable have concurred in the request and the City Manager recommended approval. City Attorney Rose read the ordinance for the first time. Director Kelley, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Kelley, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 1 September 5, 1989k The Mayor asked if anyone in the audience wished to speak for or against the 300.1 ordinance. No public comments were expressed. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3451 APPEARS ON PAGE 04 OF ORDINANCE AND RESOLUTION BOOK X X ✓ SMOKING REGULATED The Mayor introduced consideration of an ordinance to regulate smoking in certain 300.2 places in Fayetteville; tabled on December 20, 1988. The Mayor explained that a petition was filed in July of 1987 by citizens who 300.3 supported an ordinance that would prohibit or restrict smoking in certain public places in the City. He said the northwest Arkansas chapter of "Arkansans for Nonsmokers' Rights" proposed such an ordinance which was reviewed at a Board agenda session but deferred so city staff could research similar ordinances in other cities and what impact an ordinance would have on proprietors of retail eating establishments. The Mayor said a revised ordinance was proposed by the City Manager at a November 1988 City Board meeting where public comments were heard, and that further revisions were made to theordinance and considered at a December 1988 Board meeting. He said that "Arkansans for Nonsmokers' Rights".proposed an addition to the ordinance at that same meeting. 300.4 The Mayor said the City Manager's ordinance' was read -for the first time on 300.5 December 20 and public comments were heard. 'He said -the ordinance was tabled for six months, although a resolution was approved,.encouraging the private sector to voluntarily adopt a policy to restrict smoking in public places to designated areas.•r 5 City Attorney Rose read the ordinance for the first time. Director Marinoni, 300.E seconded by Kelley, moved to suspend the rules and place the.ordinance on its second reading. Upon roll call, the motion passed, 5-2, Directors Vorsanger and Martin voting in the minority. The ordinance was read for the second time. Director Marinoni, seconded by Kelley, moved.t6 further suspend the rules and place the ordinance on its third and final' reading. Upon roll call, the motion failed, 4-3, Directors Lancaster, Kelley, Marinoni and Spivey voting for the motion and Directors Vorsanger, Green and Martin voting against it (five affirmative votes being necessary to suspend the rules). -e -The ordinance remained on its second reading. 1 City Manager Pennington said he discussed the ordinance with Dr. Richard Back, 300.; representing the "Arkansans for Nonsmokers' Rights" and they felt in the next few weeks they would like to determine what has occurred: in restaurants since December. Pennington said he felt this was appropriate. He said the group would like to conduct another survey, in conjunction with City staff, to see what changes have taken place in restaurants and other facilities surveyed in 1988. He said he assumed the survey would be done in the next two weeks. September 5, 1989 301.1 Mayor Martin, seconded by Vorsanger, moved to postpone the ordinance until the survey from "Arkansans for Nonsmokers' Rights" is received. 301.2 Director Vorsanger asked what would be surveyed by the group. Martin replied that the last time the ordinance came up it was tabled to see if voluntary compliance could result in a significant increase in availability of non-smoking areas in restaurants. He said he thought it was important data for the Board to consider. 301.3 Marinoni suggested the postponement be for a period of one month. Narinoni, seconded by Green, moved to amend the motion to defer the ordinance for thirty days 301.4 Director Lancaster said he thought there had been lots of improvement in six months, pointing out that hospitals and doctors have no -smoking rules in their facilities, and most restaurants have signs for non-smoking areas. He said he thought some action should be taken on the ordinance. 301.5 Director Martin said the hospitality industry indicated it would comply voluntarily and said that was important information which has a bearing on the need to regulate the matter. He said no one liked the idea of regulating things, but the question was whether or not non-smokers would have the same rights as smokers, to enjoy eating at a facility without smoke. 301.6 Director Green said he felt we needed to keep the ordinance moving but not to its third reading until we have as much data as possible. He said he didn't want to keep postponing it indefinitely. 301.7 Director Kelley said he thought the staff should be reminded they promised to research what impact such an ordinance would have on proprietors of retail eating establishments. 301.8 Director Vorsanger said he would like to hear from the Hospitality Industry as well on what their experience has been in the past six months. The Mayor asked for public comment for or against the ordinance. 301.9 Coy Kaylor, Fayetteville resident, said restaurants will respond to their customers' demands for smoking and non-smoking areas, or they don't survive in their business. He said nobody in any business wants some government body legislating any rule that will potentially get into their pocket. He said his restaurant seats about 250, and at lunch 60 of these seats are designated for non-smokers, while 58 are reserved for smokers. He said in the evening, when there is less of a demand for non-smoking, he reserves 38 seats for non-smokers and 80 for smokers. He said anything which infringes on his ability to sell those seats will also infringe on the City's ability to collect sales tax revenue. He said Fayetteville would be the only City in the state with a smoking ordinance. He said he would like for once to not be the first to do this and would like to see the Board do something to support business. He said the ordinance did not address tobacco shops or cocktail lounges. September 5, 1989:. The Mayor said he didn't think this ordinance would really affect Kaylor's restaurant. Kaylor said he didn't want to go around the restaurant every day moving no -smoking signs around. The Mayor said it seemed Kaylor was already substantially complying with the ordinance. Kaylor said he thought we had too many rules and regulations and didn't think they were necessarily good. Director Vorsanger said since Kaylor was already designating separate areas in 302.: his restaurant, he thought he was opposed to the part of the ordinance which states "in areas where smoking is permitted existing physical barriers and ventilation systems shall be used to the greatest extent possible to minimize the smoke in adjacent non-smoking areas." Kaylor said the whole ordinance offended him deeply but that part really offended him, because he feared that next year someone would mandate that he had two years to install "smoke eaters." Vorsanger said he agreed with Kaylor and would vote against the ordinance. Director Green asked Kaylor how he would propose solving..the problem for those 302.: with serious allergies and problems who might make a special trip to his restaurant. Kaylor said he would do the best to accommodate such people who want a non-smoking area. Green said he didn't know what the 'answer was other than creating a totally smoke-free world. Green said he was a former smoker who smoked for twenty years. He said only until you get in the other person's shoes do you appreciate their point of view. He said he tended to think we were over- regulated but said we were seeing a nationwide trend,. because people are accepting the fact that smoking ishazardous'to your health. He said this was creating a new wave of demanding rights for non-smokers: He said he felt that ultimately we were going to see smoking regulated on.a national level and would like to see totally voluntary compliance. He said he,would like to see smoke- free places to work and eat, and the only way 'this would happen would be for everyone to quite smoking. He said a goal for Fayetteville might be "Smoke-free by '93." Green said, however, he didn't want to create an ordinance that we can't enforce or that will adversely affect business and economic development. Director Kelley said, before the'ordinance was put in final form, the staff 302.E looked at several ordinances nationwide. 'Kelley said he thought the ordinance was a good compromise. He asked Kaylor if he was saying the ordinance was not a workable solution or compromise.. Kaylor said he thought€it might be a workable compromise but thought, if it was already being done, the dumbest thing we could do is legislate it. He said he thought it was restrictive to his rights as a businessman and to everybody else who runs a restaurant.' He said until you have been in the hospitality business, he wasn't sure you had a -right to an opinion. Kelley said people with children who can't sleep after breathing secondary smoke have a right to make a decision about -non-smoking areas in restaurants and public places. He said an attitude about discriminating against him because he doesn't smoke gives him an indication of which way to vote on a non-smoking ordinance. Dan Coody, Fayetteville resident, said smoking ordinances were not new, stating 302.` there have been such ordinances around the country for years. He asked what point there was in waiting for another survey to be done. He said he thought it was time to get something going on the issue. 302.] September 5, 1989 503.1 Dave Bassett said the majority of the City's revenue came from sales tax coming from small businesses. He said a lot of small businesses are located in Fayetteville, and the only two things Fayetteville has on Springdale in the way of small businesses is more attorneys and more restaurants. He said we could either leave the issue alone and let the businessman make the decision for himself, or ban smoking completely. He said the proposed ordinance was wishy- washy. Bassett said he was a non-smoker and, although he didn't ban smoking in his restaurant (B & B Barbecue) you have to ask for an ashtray if you want to smoke. 303.2 Robert Reus spoke in support of the ordinance. He said his rights were being restricted when he is exposed to others smoking in public places. He said cigarette smoke had a substantial amount of hydrogen cyanide gas, and he had a right to restrict this from his body. 303.3 Wayne Dyer, owner of the Hushpuppy Restaurant, said he was a non-smoker. He said he had operated his business over the past six months no differently than he has over the last 12 years - that is, to take care of whatever the customers demand. He said if his customers ask for 100% non smoking, that's what he'd give them. He said if has people in his lobby waiting to be seated and can't seat them because of the ordinance, this would cost him money. He said, although there has been discussion about the rights of smokers and the rights of non-smokers, there hadn't been discussion about the rights of the business owners who have made financial investments. He said the decision should be left to the restaurant owners and their paying customers. He asked that we don't over - regulate. He said he did provide a no -smoking area for his customers. 303.4 In answer to a question from Lancaster, Dyer said he hadn't made any changes in his operations over the last six months because he already had a no -smoking section. 303.5 Upon roll call, the motion to amend the motion to postpone the ordinance for thirty days, passed by a vote of 6-1, Director Vorsanger voting in the minority. 303.6 Upon roll call, the amended motion, to postpone the ordinance for thirty days passed by a vote of 7-0. 303.7 LEGAL SERVICES/INCINERATOR WITHDRAWAL The Mayor introduced a request from the City Manager for approval of a budget adjustment to cover payment of fees to McDermott, Will and Emery, for legal services from May 8 through June 30, 1989, in connection with the City's withdrawal from the solid waste resource recovery project. It was moved by Martin and seconded by Kelley to approve the request. 303.8 Director Marinoni asked why the budget adjustment was requested in the amount of $90,620 while the bill from the attorneys totalled $26,697.43. City Manager 1 R.,. September 5, 1989 Pennington said he estimated the $90,620 would carry us through to the end of the year. Martin re -stated his motion to approve the budget adjustment in the amount of $90,620. The motion was seconded by Kelley. Pennington explained he projected anticipated monthly bills through the end of 304.3 the year from McDermott, Will and Emery and from the Niblock Firm. 304.1 304.2 Director Vorsanger asked when this drain on our resources would end, commenting 304.4 that we were averaging $127 per hour. Pennington said his best estimate is well into next year, if progress continues as is. Upon roll call, the motion passed, 7-0. • DICKSON STREET IMPROVEMENTS The Mayor introduced consideration of a resolution authorizing award of contract for consulting services for the Walton Arts Center Impact Area on Dickson Street. He said the contract would provide the planning, design and engineering for the Dickson Street parking, street improvements, drainage improvements and control of the overall scope of the projects in the area He said the City Manager and Selection Committee recommended award to RM Plan Group of Nashville, Tennessee, for a maximum not -to -exceed cost of $225,000. ^He said it was anticipated that funding would be available in the Sales Tax Construction Fund. Public Works phase only. It was moved improvements 304.5 304.6 Director Bob Kelly amended.the request to be $125,000 for the first 304.7 ifs 4 by Green and seconded by Martin, oto approve the first phase of the 304.8 . Upon roll call, the motion passed, 7-0. RESOLUTION 81-89 APPEARS ON PAGE OF ORDINANCE,AND RESOLUTION BOOK BID WAIVER/PHONE SYSTEM • • , The Mayor introduced an ordinance waiving competitive,bidding requirements and 304.' authorizing the Mayor and City Clerk to execute an agreement with Southwestern Bell Telephone Company for a central office based telecommunications system. He explained the City Manager recommends approval of the ordinance and lease of 304.] the PLEXAR II Communications System from Southwestern Bell Telephone Company, to replace the City's existing PBX telephone system. He said the lease would be for a term of 60 months, at a not -to -exceed monthly rate of $4,500. He told the Board total capital costs are estimated at $35,475, with current expenses totalling $10,475 for installation charges. He said, with $20,000 304.: 105.1 305.2 305.3 September 5, 1989 budgeted for capital costs, it is anticipated that a future request for a budget adjustment will be brought before the Board when telephone equipment is purchased through the bidding process. City Attorney Rose read the ordinance for the first time. Director Marinoni, seconded by Martin, moved to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Marinoni, seconded by Lancaster, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. Assistant City Manager Linebaugh said the staff studied many systems and felt overall, that cost -wise this was the best way for the City to go. He said we were "maxed out" on the system now and were having major repair problems. He said the proposal would be cheaper than going with a PBX system although more costly than our current bill. Marinoni asked if there would be any salvage value on the PBX system we currently own. Linebaugh estimated $2,000 to $3,000 of salvage value. 305.4 Vorsanger asked if we would own the system after five years of paying a maximum of $4,500 per month. Linebaugh said we would only lease the equipment. He said it was estimated we would begin paying $2,452 per month and it would be several years before we would pay the maximum monthly rent. Vorsanger said he thought the bill for the next five years would be "pretty hefty" when you consider the lease costs, capital costs and installation costs. City Manager Pennington replied that this was not unusual when you convert this size organization to that type of system. He said the system is designed to be updated over time. Assistant City Manager Linebaugh said over the long term this will cost us more than outright capital costs, but this will be $1,000 cheaper per month than it would be to buy a PBX. He said bidding procedures must take place to purchase telephones. 305.5 Director Lancaster said he thought the major mistake was buying our existing phone system to start with. He said the same mistake was made when we bought the computer system. 305.6 In answer to a question from Director Kelley, Linebaugh said a budget adjustment was not requested at this time, but when equipment is purchase later funds will be requested to be taken from unused audit expense, telephone expense, and unused printer costs. 305.7 Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3452 APPEARS ON PAGE /37 OF ORDINANCE AND RESOLUTION BOOK xx1/ 1 zt September 5, 1989, CITY MANAGER AUTHORITY The Mayor introduced an ordinance amending the City Code of Ordinances to increase the purchasing and contracting authority of the City Manager. He explained that, in January of this year, an ordinance was approved which expanded the purchasing authority of the City Manager from a maximum of $2,500 to a maximum of $10,000. He said the ordinance under consideration would authorize the City Manager to be the contracting agent for the City, would allow him to enter into contracts for services, the lease of land, the sale of property and the construction of municipal services. He said the ordinance would apply to purchases and contracts not in excess of $10,000. • 306.1 The City Attorney read the ordinance for the first time. Director Vorsanger, 306.2 seconded by Kelley, moved to suspend.the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Kelley, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. • The Mayor asked if the public had any comments. No comments were expressed. 306.3 Upon roll call, the ordinance passed, 7-0.. ORDINANCE NO. 3453 APPEARS ON PAGE /38 OF ORDINANCE AND RESOLUTION BOOK X OTHER BUSINESS • • l WATER LINE BREAK/SOUTH WOOD STREET 4. • John Beard, resident of Oak Bailey Drive, addressed the Board on behalf of his 306.4 mother, resident of 1000 Wood Street'.' He said last night there was a major water line break on S. Wood Street, which he.said was the third time in a year this has occurred. He said the street had a flooding problem.' He said he thought the water line was about 35 years old and said some of the neighbors originally participated in the cost of its original installation. He said they were not getting much results over the phone and asked if the City would participate by providing a load of gravel, and a couple of hours labor to clean up sewage and the mess which was caused. . Mayor Martin said he had received a call from a neighbor of Beard's mother who 306.` said there had been seven breakages in the last ten years at that location. He said he tried to call the staff but was unable to make a connection. Public Works Director Kelly said he talked with one of the property owners today and assured her that it is the City's policy to repair driveway damage caused by water line leaks. He said a water system study was due any time now. Beard said, when something like this happened, he thought the City should contact the property owners to apologize and tell them what will be done, instead of 306.( 306.; September 5, 1989 waiting until people start calling and complaining. Kelly said the City had 371 water leaks last year. 307.1 Mayor Martin asked Kelly what level of priority the Wood Street area would have in the water line replacement program Kelly said he did not know at this time. Beard asked what department he should contact for help. Mayor Martin assured Beard that the Public Works Department would be in contact with him. ARTS CENTER PROJECT/BID WAIVER & CONSTRUCTION CONTRACT 307.2 Public Works Director Kelly told the Board the City has been informed by bond counsel that, since the Arts Center was unable to get under construction in a three-year period, parking construction should begin by November 15. He said the staff proceeded to select RM Plan Group to do the Master Plan for the Impact Area, and now requests an ordinance waiving the competitive bidding requirements for the construction of the parking (mainly site preparation, demolition and drainage preparation) awarding a contract, and approving a budget adjustment for those items. He said a special Board meeting will have to be called to approve the purchase of the property. 307.3 City Manager Pennington reported the bonds for the City's portion of the Arts Center project were issued in December of 1986, and the bond issue called for the project to be completed in three years. He said the bonds were tax-free and, if the project is not completed in a three-year time period, and/or if you don't have a letter -ruling from IRS, the tax-free bonds become taxable. Pennington said that was a serious concern. He said the situation was not anyone's fault. He said staff has been preparing an IRS letter in conjunction with bond counsel, requesting a letter -ruling. He said it was their feeling that roughly $105,000 needs to be expended by November 15 to retain the tax-free status on the bonds. He said, although the City was already obligated to spend this money, it didn't expect to have to do it under these circumstances. He said he received a draft of the letter to the IRS for a letter -ruling today. 307.4 Kelly said the award of contract will actually be for $160,000. He said that was the low bid of two contractors with whom the City negotiated. 307.5 The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Lancaster, moved the suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Marinoni, seconded by Lancaster, moved to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. the ordinance was read for the third time. 307.6 In answer to a question from Director Marinoni, Kelly said the staff recommended award of contract to Sweetser, whose bid was about $60,000 less than that of McClinton Anchor. Director Green asked Kelly why we were waiving the bidding if bids had been taken. Kelly explained the staff actually negotiated with the two contractors rather than utilizing the formal bidding process. 1 September 5, 19894 The Mayor asked if anyone in the audience wished to comment. No public comments 308.1 were made. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3454 APPEARS ON PAGE /Y o OF ORDINANCE AND RESOLUTION BOOK X X ✓ NATIONAL CEMETERY FUNDING REQUEST The Mayor asked the Directors if they wished to consider the request to be placed 308.: on the next agenda from the National Cemetery Improvement Corporation, for a $25,000 contribution. There was no objection from Directors or staff to placing this item on the next agenda. i t s ARTS CENTER PROJECT/CONTRACT AWARD The City Manager asked the Board to approve the award of contract to Sweetser 308._ Construction for constructing the Arts Center parking lot.". Public Works Director Kelly said the contract amount would,be $160,400., Kelly.said the contract amount included estimated quantities which he said were the'_"best guess" quantities now available. It was moved by Marinoni and seconded by Green to approve the resolution. Upon 308.2 roll call, the motion passed, 7-0. t RESOLUTION 81A-89 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK .ADJOURNMENT The meeting was adjourned at 11:20.p.m. • •