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HomeMy WebLinkAbout1991-04-16 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, April 16, 1991 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Fred Vorsanger; Assistant Mayor Mike Green; Directors Ann Henry, Dan Coody, Julie Nash, Shell Spivey, and Bob Blackston; City Manager Scott Linebaugh, City Attorney Jerry Rose, City Clerk Sherry Thomas; members of staff, press and audience. CALL TO ORDER The meeting was called to order by the Mayor, with seven Directors present. The Mayor asked those present to stand and recite the Pledge of Allegiance, and then asked that a brief moment of respectful silence be observed. The Mayor welcomed comments on any item on the Agenda. He explained that comments should be limited to 15 minutes per item, and a spokesperson be elected for comments made on the same issue. The Mayor. introduced Don Munsell who is the new Director of Public Works. Director Green introduced a visitor with him from South Africa, Steven Floyd, a member of the Exchange Team. REPORT TO THE PUBLIC City Manager Linebaugh presented a report to the public and Board, which is done at the second Board meeting of every month. This report, for the month of March, includes financial information, an update on staff activities and items of general interest. THE FAYETTEVILLE VISION John Merrell, Planning Management Director, reported on the three phases of a project entitled "The Fayetteville Vision." He stated that this was a three phase project, with the first phase being entitled "The Fayetteville Vision"; the second phase, "The Fayetteville Profile"; and the third and final phase is "The Fayetteville Plan." He stated that "The Fayetteville Vision" was a long-range strategic master plan for the City of Fayetteville which will have the minimum use of outside consultants, minimal expenditures, no requests for any new positions, and utilize maximum citizen participation. 131 432 April 16, 1991 The main purpose of "The Fayetteville Vision" will be to develop a series of goals that will become a benefit for the future of this city. Those representing the Board will be Directors Dan Coody, and Julie Nash. Those representing the Planning Commission are Commissioners Jana Britton and Fred Hanna. There are eight citizen volunteers which include Dr. Willard Gatewood, Jesse Bryant, Amy Estes, Mike Faupell, Dale Holland, Clark McClinton, Bev Rouse, Dr. Mitch Singleton, and Melanie Stockdell. There are three members of the Steering Committee which include Mayor Fred Vorsanger, Jerry Allred, and Don Mills. There will be a kick-off program on Tuesday, April 30, with the afternoon session open to the public. May 1, they will meet at the Conference Center on top of Mount Sequoyah. This will be a day- long event. It is hoped that 80 to 100 citizens will attend. Neighborhood meetings will be scheduled at each elementary school through the period of May 15 - May 23, from 7 to 9 p.m. Monday through Thursday during those two weeks. ARTS CENTER Sonya Decker of the Arts Council addressed the Board regarding the progress and status of the Walton Arts Center. She stated that the $3 million endowment has not been touched, rather the interest off the investment has been utilized. Programming plans are beginning to get underway. The plans are to balance the productions between theater, dance, art, music, and community events. There is also an educational and outreach program that is being planned. She introduced Jennie Taylor Swain who spoke on the educational program. Ms. Swain stated the educational program would begin in the fall of 1992. There would be a teacher development program offered as well as summer institutions and workshops. Teachers will be able to obtain continuing education credits for their participation in these programs. CONSENT AGENDA The Mayor introduced consideration of items which may be approved by motion, or contracts or leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a Consent Agenda. The Mayor explained that there is thought to be unanimous agreement by the Board, but pointed out that 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: A. Approval of the minutes of the April 2, 1991 regular Board meeting and the January 22, 1991 Board Retreat meeting; • • April 16, 1991 B . A resolution approving the construction contract with C. W., Construction Company in the amount of $152,192.50 plus $15,219.25 (10%) for contingencies (total $167,411.75) for the Highway. 156 water and sewer relocation project; 5 Staff recommends approval of the contract with C.W. Construction Co., the low bidder on the project. $138,592.50 of the project is eligible for 100% reimbursement. RESOLUTION 64-91 APPEARS ON PAGE OF ORDINANCE ANDRESOLUTION BOOK k A resolution approving a construction contract with Goodwin & Goodwin in the amount of $57,900.00 plus $2,100.00 for contingencies (total $60,000.00) for sewer force main replacements in the vicinity of the airport; Staff recommends approval of the contract with the low bidder, Goodwin & Goodwin. RESOLUTION 65-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK D . A resolution authorizing McDermott, Will & Emery law incinerator disengagement, Robson) lawsuits for the February 28, 1991; payment of $32,461.32 to the firm for services rendered on the FOIA, and Barnhart (formerly period January 1, 1991 through Staff recommends approval of the payment. RESOLUTION 66-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK E . A resolution approving two change orders to the contract with McClinton -Anchor for a total of $16,167.00 in connection with the Gulley Park parking lot and sidewalk construction; The change orders are required because the native soil is composed of a sand and silt mixture and is not suitable to be used as subgrade material the contractor previously intended. F. A resolution approving an engineering contract with CEI Engineers foran estimated $57,000.00 for services in connection with the Wedington Drive water and sewer relocations; Staff recommends approval of this contract. RESOLUTION 68-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK j133 1134 April 16, 1991 G. ARTS CENTER: A resolution approving Change Orders 4, 5, 6 and 7 to the Walton Arts Center project: The total price for the change orders is $732,126; however, the City's portion is••$36,544.50 (50% of Change Order 5). Change orders 4 and 7 are privately funded, and Change Order 6 is funded by the University of Arkansas. These change orders will cover the cost of the orchestra pit lift, masonry precast coping, an upgrade in the type of roof, and the canopy roof, plaster, sloped grading, acoustical, diffusers, tile and marble, and plumbing fixtures. Staff recommends approval of these change orders. RESOLUTION 69-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK Director Coody asked that Item E, which is the resolution approving two change orders in connection with the Gulley Park parking lot and sidewalk construction, be pulled off of the Consent Agenda and discussed separately. Green, seconded by Blackston, made a motion to approve the consent agenda. Upon roll call, the motion was passed by a vote of 7 to 0. CONSENT AGENDA "ITEM E" A resolution approving two change orders to the contract with McClinton -Anchor for a total of $16,167.00 in connection with the Gulley Park parking lot and sidewalk construction. This change order is required because the native soil is composed of a sand and silt mixture and is not suitable to be used as subgrade material the contractor previously intended. Director Coody pointed out that they must have checked the soil before they made the bid on building the parking lot and sidewalk, so they knew what they were getting into when they signed the contract. He stated that soil should have been tested by all engineering firms before a bid was made. Director Henry stated that contracts for the construction were based on the engineering studies that were provided to make the bid. Henry, seconded by Coody made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 67-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 1:135 April 16,•1991: DIRECTOR JULIE NASH/POLICE REPORT Mayor Vorsanger recommended former Judge Mahlon Gibson to serve as the third party investigator to look into the incident that' occurred between the Police Department and Director Julie Nash. Vorsanger stated that Judge Gibson's expertise and credentials made him an excellent person for this job. He stated the total cost would be between $1,000 and $3,000 plus expenses. An ordinance would be necessary to allow for the waiving of competitive bidding requirements. Vorsanger further stated that Judge Gibson stated he would welcome any comments from the Board. The ordinance was read for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion"passed by a vote of 7 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3541 APPEARS ON PAGE 370 OF ORDINANCE AND RESOLUTION BOOK XX)/ GULLEY PARE Linebaugh reported that this was a resolution approving and supporting the beginning of the preliminary planning for a recreational complex in Gulley Park. The Fayetteville Youth Center Board of Directors and the Parks and Recreation Advisory Board are seeking the support of the City Board to begin the development of a family recreational complex at Gulley Park. This is a $2,000,000 item that is proposed to be included in the Capital Improvements Program as a potential project in the year 1993. Howard Hamilton introduced Parks Chairman, Mark Robertson, to comment on this issue. Robertson stated that in the early 80's it became recognized by the parks staff that there was a need for an additional recreational facility in the northeast quadrant of the town, and in 84, that item began to show up in the budgets. In 1987, it was listed as one of the top priorities for Parks and Recreation. It has continually been put on the back burner because of funding. Robertson stated that he would like to bring it back to the public, 1 13 ti April 16,• 1991 and the Parks Board, in cooperation with the Youth Center and request that they be allowed to move forward on this issue. Hamilton stated that the master plan was approved by the City Board in 1989. This is a 1993 item presently. He stated that he felt like this was a high priority item for the Youth Center. He introduced the members of the Youth Center Board and Parks Management to the Board, and he stated that they were in full support of this issue. He stated that the facilities currently in use are being strained due to lack of space and are not serving the citizens' needs of Fayetteville. He stated that he would like to go ahead and have some feasibility studies done following some positive input from the citizens of Fayetteville. The United Way has been very supportive of this endeavor. Coody, seconded by Nash, made a motion to approve a resolution to support the planning project. Nash urged Hamilton to address briefly, any competition between the proposed YMCA. Hamilton stated that when the YMCA made a presentation, and one proposed site for them was at Lake Fayetteville. He stated that if a YMCA were placed there, it would be a duplication of their services. He thought that if a YMCA is placed in Fayetteville, in that area, it would have a direct impact on how effective the programs would be at Gulley Park. He stated that the master plan was set for Gulley Park. He stated that some input was needed as far as go-ahead for feasibility studies -- whether the City Board is going to entertain the idea of donating some property from Lake Fayetteville to the YMCA facility. It is their concern, about the feasibility of their own service, and the use of it, and the clientele that would be able to use it. Coody stated that the YMCA would like to build at Lake Fayetteville so that they could have exposure in both Fayetteville and Springdale. Don Tyson has offered 10 acres at Randall Tyson Park, to the YMCA, and there is some force that wants them to move up there, except some folks don't want it there because they feel like it would eliminate the Fayetteville clientele. It is the concern of some people that the Youth Center might become a ward of the state if the upper class, middle class, etc. would want to use the YMCA because it's more expensive, and the underprivileged or less wealthy people would be using the Youth Center. He stated that he would like to see in the feasibility study, a way to lessen the competitiveness and harmonize the two facilities to work in unison with one another. Hamilton stated that the concept of the YMCA is excellent, but if you look at their programs, they are a duplication of what the Youth Center provides. It the opinion of the Youth Center, that April 16, 1991 there is a possibility -- if those facilities are so close together -- that we would end up disenfranchising some of the residents. He stated that he didn't think there would be enough people to fully utilize the facilities at Gulley Park. The .other thing is, his experience with YMCA's is that they have done very well in raising the capital expenditures, but when it comes to operating funds, either membership dues have to be raised to the point that it makes it prohibitively expensive, or they have to come to the United Way for funding. He stated that complimentary input with the YMCA would be encouraged, but the Youth Center has not been sought out, in this matter. Director Henry stated that she would be in support of a resolution supporting the Youth Center and their diverse programs, avoiding duplication of the programs offered by the YMCA, and to see how the two entities could work in unity one with the other. Spivey stated that he thought there was an increasing demand for some kind of facility on the north side of town. It has been talked about for many years, but also, there is a bigger problem. He stated that the City has having to turn kids away because of limited numbers of soccer fields and softball fields. If these facilities are looked at, compared to the Tyson Complex or other towns in the area, the City of Fayetteville's is less than desirable. There is well over 2000 acres of undeveloped land that the City owns, and surely there is some of that land that has some commercial appeal that would probably never be potential park land or limited, and the City is hoarding that land while we are turning away kids. He stated that he feels the City should look at all the property owned, and see if there is a marketable area of land that is not going to be used and deprive the kids of facilities that are so desperately needed. (There is applause from the audience.) Director Green stated that there should be some way that all of these facilities could be complimentary to one another, and that each one could serve a particular need that the community has, and be able to work together to solve a lot of problems. He stated that he was in support of a feasibility study. Hamilton stated that the Parks and Recreation Department would try to meet with the YMCA to try to bridge the gap of communication, so that both entities could act upon the goals and needs of the City of Fayetteville. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 70-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 137 " 138 April 16, 1991 GARLAND AND NORTH STREET PARK The Mayor introduced consideration by the Board of the possibility of purchasing land consisting of 4.17 acres located at the corner of Garland and North Streets owned by Mrs. Caroline Parsons. Linebaugh stated that this item has been before the Board on several different occasions. Initially, it appeared before the Board as a rezoning, but it was tabled to allow time for sufficient funds to be raised by individuals to purchase the land and develop it into a nature park and later on the possibility of a visitor center was discussed. A group of citizens has requested that the City purchase this property and develop the park and/or visitor center. An appraisal was conducted as of March 17, 1991 indicating the value of the property at $52,500 per acre. Mrs. Parsons is requesting that the Board make a decision on the outcome of her property so that she may proceed with her plans for the property. Coody, seconded by Nash, moved that the City begin negotiations with Mrs. Parsons to purchase her property for the appraised value. Mike Faupell, a member of the audience, asked the Board to fulfill the wishes of the citizens of Fayetteville. He stated that there had been an amazing amount of support of this project over the past two years. Mayor Vorsanger stated that Faupell indicated that he was going to raise some money on his own and then come back to the Board to see if they could finance the rest of what was not raised by Faupell. He asked Faupell how much money had been raised. Faupell stated that each person that was asked to project asked what support the City would have in park. He stated that he was very confident that purchase price could easily be matched in grants, Rockefeller Foundation, community grants, etc. As substantial amount of money cannot be raised, without concrete support by the City. finance the the proposed half of the such as the of today, a first showing George Blackwell, a resident of Fayetteville, read a statement directed to the Board, in opposition to the development of a nature park in that location. Sue Payton, a resident of Fayetteville, encouraged each member to cast their vote in a way that would make Fayetteville a better place to live. She voiced her support of the construction of a park at this site. ¢139 April 16, 1991 Al Einert, a resident of Fayetteville, addressed the Board in support of the construction of a nature center at the proposed site. • Charles Baxter, a teacher at Leverett School, addressed the Board in support of the construction of a park at the proposed site. John Johnson, a representative of the Sierra Club, addressed the Board in support of the construction of a park at the proposed site. Beverly Melton, a citizen of Fayetteville, addressed the Board in opposition to the construction of a park at the proposed site, due to the purchase price being asked and the issue of maintenance costs and burdens in the future. Mark Robertson, a resident of Fayetteville and speaking for the Parks Board, addressed the Board in support of the purchase and construction of the proposed site. He stated that the financing had been discussed with Kevin Crosson, Administrative Services Director, and Crosson had indicated that funding would be available without affecting other projects. Robertson stated the Parks Board unanimously recommended the purchase of the property. Mayor Vorsanger stated that the Parks Board had related to the City Board of Directors in a report submitted by the Parks Board that this proposed park did not rank high on their priority list because it was not in the master plan. Crosson stated that what he told the Parks Board was that the funding indicated would be what city staff would recommend be used if the Board chose to purchase the park. He stated funding for various projects would have to be rearranged to allow for funding of the nature park purchase. Vorsanger read from the Parks Board report that stated they would recommend the nature park only if it would not jeopardize any of the other park capital improvements projects. Bill Waite, a member was not a unanimous was not a priority, lines of priorities development of them. of the Parks Board, stated that thedecision recommendation. He stated that indeed, this and that money should be allocated along the drawn up by the Parks Board for the orderly Director Blackston stated that some comments he had received had been contrary to previous statements from the audience. He said approximately 75 percent of those that contacted him were against the price being asked for the property and that Fayetteville presently owns more park land than it can take care of. He stated '1.4U April 16, 1991 that he was not opposed to a park, but the price is somewhat objectionable. Director Henry commented that she had friends on both sides. She stated that the price being asked for the land was unaffordable. Director Coody stated that the opportunity had shown itself and it is his feeling that the City should "latch on" to a good opportunity. He also stated that the state would help with financing if the Board would approve such a purchase and development of the Nature Center. Director Nash stated that she was in agreement with Director Coody, and she felt that some of the land presently owned by the City could be sold to contribute to the purchase price. Director Spivey stated that this was a matter of economics. He feels the property is too expensive, although he said he had no problem at all with the idea of a park there. He felt the parks that City currently has needed to be better maintained and upgraded before the idea of a new park is proposed. Director Green stated that he was not in support of a park at this site due to the cost of the project. He stated that he had calls from people on both sides. He was of the opinion that priorities were not right to pool all resources into a park like this when there are other projects that need the immediate attention of the Board. Mayor Vorsanger stated that he had received a lot of mail concerning this issue, starting with the petitions. He stated that most of the mail he had received were in support of the purchase of the property. There was a civic club that was unanimous in its vote in opposition of the purchase of the property. He stated that most people were not in opposition to the construction of a park, but the price that is being asked for the property. He stated that he would vote to buy the land if it could be purchased for $85,000 to $90,000. On the other hand, he felt a great injustice had been done to the Parsons family because they had been sustained on "promises" from the Board and Planning Commission for well over a year. He stated that a decision should be made at this meeting so that the Parsons can plan the future of this property. Director Coody, seconded by Nash, made a motion to amend the resolution to sign a purchase contract with the Parsons, to purchase their property for $220,000, contingent upon a 50 percent matching fund grant, from any of the foundations that would be able to help, and have a contract date of June 16, 1991, with the City's maximum investment not to be more than $110,000. • • April 16, 1991, Upon roll call, the amendment to the resolution failed by a vote of 2 to 5, with Directors Nash and Coody voting in the minority. • Upon roll call, the resolution failed by a vote of 2 to 5, with Directors Coody and Nash voting in the minority. REZONE I Linebaugh introduced an ordinance rezoning property located south of Highway 112 and northwest of the Highway 71 Bypass consisting of 1.83 acres from C-2, Thoroughfare Commercial, and A-1, Agricultural, to I-1, Light Industrial -Heavy Commercial, as requested by Pete Estes on behalf of the Bank of Fayetteville. The Planning Commission voted 9-0-0 to approve the rezoning. Staff recommends approval. The ordinance was read for the first time. Green, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Green, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. 0141 Pete Estes, a petitioner on behalf of the Bank of Fayetteville, addressed the. Board concerning any questions that they might have. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3542 APPEARS ON PAGE 3Pa OF ORDINANCE AND RESOLUTION BOOK 2(X V REZONE II Mayor Vorsanger introduced an ordinance rezoning property located at 3200 Old Missouri Road consisting of 1.22 acres from A-1, Agricultural, to R-1.5, Moderate Density Residential, as requested by Claude and Frances Langham. The Planning Commission voted 9-0-0 to approve the rezoning. Staff recommends approval. City Manager Linebaugh stated that Mrs. Langham, if successful, plans to divide this property into five tracts and use it as townhouse units. Originally the Staff recommend against it, but _after reconsideration, Staff approves of the rezoning. • The ordinance was read for the first time. Director Green stated that he had several calls regarding this rezoning, and he 142 April 16, 1991 recommended that this item be left on its first reading until the next meeting, so as to make sure that people in adjacent neighborhoods have plenty of time to look at this issue and respond to it, if they so desire. .- Director Nash stated that she, also, had heard from the same people, and she felt more time should be given. John Park, a resident living adjacent to the area under consideration for rezoning, stated that he appreciated the consideration by the Board to leave this item on the first reading. Some residents were unaware of the rezoning request. He presented the Board with an informal petition bearing 428 signatures. Frances Langham, owner of the property, stated she would like to see the issue addressed at this meeting. She stated that she had no idea this would be opposed along such a busy thoroughfare. She stated that this would be convenient and affordable housing for many people. She felt this would be an asset and gateway to more residential development on adjoining property. Claude Langham, owner of the property, stated that he was concerned as to what would go into the additional acreage, also. He stated that each unit that he builds on the property would house approximately 2000 square feet and priced accordingly. Bill Eckridge, a resident living adjacent to the property in question, addressed the Board in opposition to the rezoning. Carol Andrews, a resident of Fayetteville, expressed her concern about whether this rezoning will affect other "rezoning requests. She requested that the two rezonings be addressed as separate issues and would not want a precedent set with this rezoning. Planning Management Director John Merrell commented that Staff notified everyone properly in this case. There was a sign installed regarding the rezoning, at the property site. The Planning Commission feels that this is good potential area for the City to live up to its goal of trying to provide affordable housing in this area. An apartment complex or shopping center is not proposed for this area, it is simply a single family residential dwellings. Grant Smart, a resident of Fayetteville, addressed the Board in opposition to the rezoning at the area in question. The ordinance was left on its first reading and tabled for further discussion at a later date. 11. April 16, 1991 , CONDEMNATION • • 143 Mayor.vorsanger introduced an ordinance condemning property located along North Street owned by•the Burlington Northern Railroad for street right of way purposes in connection with the North Street Improvements Projects as a "taking value" of $6,150.00. Staff has been negotiating with Burlington Northern Railroad, but they have been unable to reach a settlement. One of the factors involved has been the complexity of the railroad organization and the approvals required within their organization. Staff is requesting the Board authorize the condemnation to avoid delays in the project and so the state can meet May 1, 1991 projected bid date. The ordinance was read for the first time. Henry, seconded by, Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Goody, seconded by Henry, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was. passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3543 APPEARS ON PAGEJ94 OF ORDINANCE AND RESOLUTION BOOR )Q ✓ SEWER LINE EASEMENT Mayor vorsanger introduced a resolution granting a 15 foot sewer line easement to the City of Springdale for the purpose of constructing and maintaining a sewer line. Springdale owns a sewer line located on Lake Fayetteville property. They are needing to extend a lateral line to two Springdale residences. The Parks Department has reviewed the proposed easement and has determined that it will not interfere with any planned uses of the property. Staff is recommending the easement be granted. Henry, seconded by Blackston, made a motion to approve the resolution. Upon roll call, the resolution passed by a vote of 7 to O. RESOLUTION 71-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK April 16, 1991 BID WAIVER vorsanger introduced an ordinance waiving the requirements of competitive bidding for the purchase of the BtarTalk Voice Nail System for use with the City's telephone system at a price of $9,840.00. Staff is requesting the bid waiver because this system integrates and enhances the current phone system. It allows messages to be left and eliminates the need for individual answering machines. Staff recommends purchasing from the same vendor because having two separate vendors providing software on the same system would create an almost impossible working system. The ordinance was read for the first time. Green, seconded by Coody, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Green, seconded by Coody, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion was passed by a vote of 7 to 0. The ordinance was read for the third and final time. Linebaugh stated that the purchase of this system would keep the citizens from being on hold for so long. It allows someone to call in, leave a message, and then the city staff will get back to them. It also allows messages to go back and forth between staff members. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3544 APPEARS ON PAGE370 OF ORDINANCE AND RESOLUTION BOOK XXd ENTERPRISE ZONE Linebaugh introduced a resolution certifying that Armstrong Brothers Tool Company is located in the Arkansas Enterprise Zone. Armstrong Brothers Tool Company is requesting Enterprise Zone Benefits from the State of Arkansas which include tax incentives for businesses located in targeted geographic areas with serious economic problems. Staff recommends approval of this request. Blackston, seconded by Green, made a motion to pass the resolution. Director Nash questioned if this would damage other businesses. Linebaugh answered in the negative. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 72-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK April 16, 6 1991 MARKETING EAT • Linebaugh introduced an ordinance to cover the procedures for marketing hay at the Sludge Management Site at the Pollution Control Plant. Due to large quantities of hay produced at the sludge management site, the normal "bidding" procedures are not feasible. There is no local operation that is capable of using the entire 1600-3200 tons of hay. The Operations Management International, Inc., (OMI) staff have made a recommendation on how to market the hay, but an ordinance waiving competitive bidding is required. The ordinance was read for the first time. Blackston, seconded by Green, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Blackston, seconded by Henry made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. Upon roll call, the ordinance passed by a vote of 7 to O. 145 ORDINANCE 3545 APPEARS ON PAGE 3`j OF ORDINANCE AND RESOLUTION BOOK XX ✓ EXTRACTION DISTRICT Linebaugh introduced an ordinance creating the proposed E-1 Extraction District as part of the city's zoning ordinance. The Planning Commission voted 7-0-0 to recommend the extraction district zoning ordinance. This ordinance would control the location of commercial extraction activities. An excavation and grading ordinance would regulate how land is graded, cut, filled or cleared. Staff recommends adoption of this ordinance. Linebaugh explained that this is not an ordinance that the Planning Commission just passed. John Merrell addressed the Board in support of this ordinance. He emphasized that this ordinance would not control how excavation activities occur, but will control the location of those activities. He explained that this would be for the commercial extraction of earth materials from a site. 146 April 1611991 The ordinance was read for the first time. Henry, seconded by Blackston, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The ordinance was read for the second time. Henry, seconded by Blackston, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 7 to 0. The ordinance was read for the third and final time. Reverend Jamie Jones addressed the Board in support of the ordinance, contingent upon the City acting responsibly in the maintenance of the construction activities. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3546 APPEARS ON PAGE393 OF ORDINANCE AND RESOLUTION BOOK Xx✓ OTHER BUBINE$S Vorsanger introduced consideration by the Board of items that may have been presented after this agenda has been prepared and distributed. MANHOLE REHAB Linebaugh explained that this is a contract for low bidder, which was in the range of $47,000 and the next lowest bidder was $86,000. The low bidder is here on another job, and would like to go on and do this. Staff recommends that the Board enter into a contract with Bonds Longing, of Clinton, Arkansas, for $47,000.00. Henry, rehab. seconded by Blackston, made a motion to approve the manhole Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 73-91 APPEARS ON PAGE OP ORDINANCE AND RESOLUTION BOOK ANNOUNCEMENT Linebaugh announced that there will be two public hearings next week. One having to due with the gas leak from the Road Runner Gas Station on Highland Street, and the other is to go over a plan and present it to the neighbors on Stubblefield Road. ADJOURNMENT The meeting was adjourned at 11:30 p.m.