HomeMy WebLinkAbout1973-04-03 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
APRIL 3, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, April 3, 1973 at 7:30 P.M. in the Directors Room of the
City Administration Building.
Present: City Manager Donald L. Grimes; Purchasing, Personnel and Budget Officer
Sturman Mackey; Administrative Aide David McWethy; City Attorney David Malone;
City Clerk Helen Young; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson
and Stanton.
Directors Absent: None.
Others Present: Representatives of the news media.
Minutes of the regular meeting of March 20, 1973 had been distributed to the
Board members prior to the meeting. City Attorney Malone noted an error on
page 172 near the middle of the page. The statement was corrected to read:
"Mr. Niblock recommended that Section 29.b. read as follows: A child under
six (6) years of age shall not be counted as a passenger when accompanied by
an adult." There were no other corrections or additions to the minutes of the
March 20, 1973 meeting and the minutes were approved as amended.
Director Utley moved the proposed ordinance governing taxicabs be amended as per
the draft attached to the agenda. Director Orton seconded the motion. Upon roll
call the motion passed unanimously.
City Attorney Malone read the second time a proposed ordinance governing the
operation of taxicabs.
Director Noland reported that he had heard some complaints from taxicab users about
the proposed rates for taxicab service.
John Warren, president of Fayetteville Transportation Company, stated that he did
not feel any taxicab company could afford to operate under the proposed rate system.
Mr. Warren objected to some zones, being rectangular in shape, because the distance
to that zone and then across but within that zone could conceivably amount to a
trip of several miles, the taxicab fare being only the 60* minimum. Mr. Warren
suggested that the area be divided into one mile squares, each one mile square
being a separate zone. Mr. Warren also suggested that Zone A be moved south two
blocks so the high-rise apartments would be included in that zone.
Directors Murray and Utley commented that the averages are what one must consider
and that since the majority of the trips would be in Zones A, B, C, D, and E
where the cab company would make money, the rates seemed feasible.
David McWethy, Administrative Aide, said the proposed zone map is the best the
group working on the proposed ordinance could come up with at this time. Mr. McWethy
emphasized that Mr. Warren has had ample opportunity to make his objections known
before this time. He added that the zone map can be changed around and what one
would come up with would be different but not necessarily better.
Nancy Gildersleeve commented that she agreed with Mr. Warren's suggestion to move
Zone A south two blocks, and also commented that she would hope that neither the
University campus nor the Mall would be divided by a zone line.
City Attorney Malone said it is his opinion that a group of persons going from the
same place to the same destination would be considered a social or business group
and that persons residing in the high-rise apartments, for example, could travel
as a group at reduced fares.
179
Director Stanton remarked that it is very important that the rate structure
be worked out so the cab companies can operate profitably, at the same time
keeping in mind the people who will use the cabs. Mr. Stanton said he felt
that the meter system is the only system that will work equitably for the
cab companies and the patrons of the cab companies,
Director Orton asked if the zone map could be altered slightly by dividing
the rectangular zones so they would be fewer miles in length,
David McWethy reported that when the Taxicab Service Study was made the study
results showed that most of the trips were taken in the center of the city so
the fares would average out for the cab company. Mr. McWethy concurred with
Director Utley that cab stands could be spread out over the area so that long
trips from a central taxi depot in the center of the city would not be
necessary.
City Attorney Malone explained that one of the reasons behind not choosing
the meter system rate structure was because it would require more cabs
since a cab would not be able to pick up additional passengers. Mr. Malone
said that this fact, in turn, would make the rates higher.
Director Stanton moved the rules be suspended and the ordinance be placed
on third and final reading. Director Utley seconded the motion. Upon roll
call the motion passed unanimously.
City Attorney Malone read the proposed ordinance the third and final time.
Director Utley commented that he would approve of allowing advertising on
taxicabs. Director Utley said this would be one way to offset some of the
trips which were known to be losing trips.
Director Murray said he would agree with Director Utley if the advertising
would not be in violation of the recently adopted sign ordinance
Walter Niblock, representing Fayetteville Transportation Company, reported
that the cab company would like to be allowed to have one sign per cab,
placed on the top or the back of the cab. Mr. Niblock said the signs would
be "rather small" signs. Mr. Niblock added that advertising would be a
"lucrative source of revenue" for the cab companies.
Director Utley said he thought the size of the signs should be limited, the
limit being stated in the ordinance in feet and inches.
Director Stanton said he thought the Police Chief could determine the size of
the sign according to standard sizes. Mr. Stanton further stated that he
would prefer the advertising be limited to the top of the cab or to the
rear, rather than both.
Director Orton asked that the ordinance state that there be not more than one
advertising sign per cab and that advertising signs on the cabs be allowed
only on the rear of the cabs.
Mr. Niblock said that either the top or the rear of the cab would be satis-
factory with his client.
Director Murray moved the proposed ordinance be amended by adding a section
to be entitled "Advertising", said section allowing one sign of a size
approved by the Police Chief to be affixed to the rear of any taxicab.
Director Utley seconded the motion.
City Attorney Malone stated, in answer to Director Murray's question, that
this section of the taxicab ordinance would supersede any conflicting portion
of the sign ordinance.
Director Carlson pointed out that it was the recommendation of the City
Manager that advertising not be allowed on taxicab vehicles and stated that
she is inclined to go along with that recommendation. Mrs. Carlson said that
if the taxicab companies cannot survive without the income derived from
180
advertising the City will hear about it. Director Carlson also complimented
the City staff on a "splendid piece of staff work", referring to the taxicab
ordinance:
City Manager Grimes explained that the reasoning behind his recommendation that
signs on taxicab vehicles not be allowed was that the City has prohibited signs
on private property along the City streets, yet if advertising were allowed on
taxicab vehicles the City streets would be used for advertising.
Upon roll call vote on the motion to amend by adding a section to be entitled
"Advertising", the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
Mr. James Elston was present at the meeting to ask the Board to amend the proposed
ordinance to provide that taxicab vehicles use snow tires or chains when hazardous
driving warnings have been issued; that taxicab vehicles be required to undergo
regular safety inspections; and that the proposed ordinance be further amended to
provide that no driver shall refuse or neglect to convey a blind person and his
seeing eye dog upon request to do so.
After discussion as to whether or not it would be necessary to require regular
safety inspections since an annual inspection for all vehicles is required by
state law, and whether or not it would be necessary to require the use of snow
tires or chains since taxicabs generally use snow tires all winter anyway,
Director Utley moved the proposed ordinance be amended as follows:
Section 20 to add, "...and further that every vehicle operated under this ordinance
shall be subject at any reasonable time to a safety inspection by any police
officer of the City of Fayetteville, Arkansas."
Section 25.c. to add, "...or persons with seeing eye dogs or a seeing eye dog,
upon request, unless unable or forbidden by the provisions of this ordinance to
do so."
Section 26 to provide that any vehicle operated under the provisions of this
ordinance shall be equipped with snow tires and/or chains when required by weather
conditions.
Director Carlson seconded the motion to amend. Upon roll call the motion passed
unanimously
Mayor Purdy then asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1910 appears on pages 157 through 166 of Ordinance and Resolution
Book 3.
Mayor Purdy called for discussion regarding internal committees of the Board of
Directors. The Mayor asked the Board members' opinions as to whether or not
the policy of using Board committees should be continued.
Directors Stanton and Utley stated their support of the use of Board internal
committees since they felt that the committees provided a point of departure for
the City Manager and his staff's work, and the committees saved staff time by
offering guidance to the City Manager and his staff.
Director Stanton moved the Board continue the policy of utilizing internal
committees of the Board of Directors. Director Utley seconded the motion.
Director Carlson pointed out that in :addition'to.the reasons:stated in her letter
to Mayor Purdy; copies.of'whi'ch were ditstiibttedpto the other Board members, that
she feels that the Board is violating two paragraphs of the policy adopted
concerning the relationship between the Board of Directors
181
and the City Manager. Director Carlson contended that the use of Board
internal committees informs only the committee members and does not
adequately inform all seven elected representatives of the people.
Director Orton stated that she does not feel Board committee members enter
into the management part of the City at all and she does not feel Board
members serving on Board committees are going beyond what they are
expected to do as Board members.
City Manager Grimes said he had not felt utilizing Board committees was
a violation of the policy of relationship between the Board of Directors
and the City Manager. Mr. Grimes said he does not feel this is the right
time to review the structure because too many things are in a state of
flux at this time.
Director Murray commented that he feels Board committees are necessary
and he added that, "...I don't see how I could operate without the assistance
of the committees."
Director Carlson said that it is the very essence of the City Manager form
of government that the City Manager pull together all the information that
is needed for the decision that has to be made by the Board. Mrs. Carlson
added that she feels that Board members should not involve themselves in
specific subject questions on a continuing basis,
*Amended Director Noland, in answer to question from the audience; said that the Board
below committee members do not involve themselves in day to day decision making
but rather they look years ahead and attempt to establish policies and
priorities for the future.
Mayor Purdy called for a vote on the motion to continue the policy of
utilizing internal committees of the Board of Directors. Upon roll call
the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
The next item on the agenda was consideration of the recommendations of the
Board Street Committee regarding changes in the General Land Use Plan for
Highway 62 West property. The recommendations of the Board Street
Committee were as follows:
1. That parallel access roads (50 feet right of way and 30 feet roadbed)
be required for all developments located on Highway 62 between the 71
Bypass and the Farmington city limits. For commercial developments,
the street would be on the frontage side of the property; for the
medium-density residential developments, the street would be located
to the rear of the property.
2 In order to facilitate the development of these parallel service roads,
it is recommended that the General Land Use Plan be modified by changing
the recommended use of four tracts of land from commercial to residential
and three tracts of land from residential to commercial.
Director Carlson moved the above proposals be routed to the Planning Commission
for their review and recommendation. There was no second to the motion.
Board members discussed whether or not the Board should indicate approval and
acceptance of the recommendations of the Board Street Committee before
sending the recommendations to the Planning Commission for their review and
recommendation.
Director Orton moved the Board indicate its approval of the Board Street
Committee's recommendations and submit the recommendations to the Planning
Commission for review and recommendation to the Board of Directors.
*asked by Dr. Robert Hay, Professor of Management at the University of Arkansas,
182
Director Stanton seconded the motion. Upon roll call the following vote was
recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
City Manager Grimes recommended that request to reconsider rezoning petition
by Dooley Oil Company and Dr. E. G. Dooley to rezone a tract of land containing
0.9 acres located on the northwest corner of One Mile Road and Highway 62 West
from A-1, Agricultural District, to C-1, Neighborhood Commercial District, be
tabled until the recommendation of the Planning Commission is received on the
above item since this property will possibly be affected by the decision on
the matter of access roads.
Charles Barrett and Wade Fincher, local realtors, were present at the meeting
to ask the Board to act on the rezoning request at this meeting. Mr. Barrett
pointed out that the request for rezoning was made 18 months ago and they wish
to have a decision right away.
Director Orton moved that this matter be tabled until the recommendation
regarding access roads is received from the Planning Commission. Director
Utley seconded the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Carlson.
"Nays" Stanton.
There being six "Ayes" and one "Nay" the motion passed.
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
rezone a tract of land containing 1.18 acres located at 1035 West Cato Springs
Road from I-1, Heavy Commercial.and Light Industrial, to R-1, Low Density
Residential District. Petitioner for the rezoning was Earvel E. Fraley.
Director Orton moved the matter be tabled until the Planning Commission study
of the area is completed. Director Noland seconded the motion:
Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Carlson.
"Nays" None.
Director Stanton abstained from voting.
There being six "Ayes" and no "Nays" the motion passed.
City Attorney Malone read a proposed ordinance to rezone a tract of 0.2 acres
located at 1905 South School Avenue (on the west side of Highway 71 between the
Frisco tracks and 20th Street) from R-2, Medium Density Residential District, to
C-2, Thoroughfare Commercial District. The Planning Commission had requested the
rezoning. On August 1, 1972 the Board had approved rezoning this property for a
period of six months so the owner could make alterations and improvements to the
non -conforming structure. Now the Planning Commission requested the property be
zoned back to C-2.
Director Orton moved the rules be suspended and the Ordinance be placedl:on
second reading. Director Carlson seconded the motion which upon roll call vote
passed unanimously.
The City Attorney read the Ordinance a second time.
Director Utley moved the rules be further suspended and the Ordinance be placed
on third and final reading. Director Murray seconded the motion. Upon roll call
the motion passed unanimously.
The City Attorney read the proposed Ordinance a third time, after which the Mayor
asked the question, "Shall the Ordinance pass?"
183
Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance
passed.
*Ordinance No. 1911 appears on pages 167 and 168 of Ordinance and
Resolution Book 3,
Upon request of the Mayor, City Attorney Malone read a proposed Ordinance
to rezone an 8 -acre tract of land located at the northwest corner of Stone
Street and Sang Avenue from R-1, Low Density Residential District, to R-3,
High Density Residential District. Petitioner was Bernice Downum.
Director Orton reported that she had heard opposition to the proposed
rezoning because if the property were rezoned to R-3 there would be more
traffic in the area and the roads are narrow now and must be used by school
buses, and also because with the high density population in the neighborhood
the principal of Ramay Junior High School (which is directly across the street
from the property under discussion) fears there will be increased vandalism
at the school,
City Manager Grimes said he had checked the location of the water and sewer
lines in the area and the lines are not adequate to serve a development of
the size possible in an R-2 or R-3 zone, Mr. Grimes added, however, that
when a request is made for approval of a large scale development plan in
the area the City can require commitments for water and sewer lines and also
for street improvements.
Director Utley moved the rules be suspended and the Ordinance be placed on
second reading. Director Stanton seconded the motion. Upon roll call the
motion passed unanimously. The City Attorney read the proposed Ordinance
the second time.
Director Utley moved the rules be further suspended and the Ordinance be
placed on third and final reading. Director Orton seconded the motion.
Upon roll call the motion passed unanimously.
The City Attorney read the proposed Ordinance the third time, after which
the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call
the following vote was recorded:
"Ayes" Noland, Utley and Stanton.
"Nays" Orton, Purdy, Murray and Carlson,
There being three "Ayes" and four "Nays" the Ordinance did not pass.
The next item on the agenda was consideration of an appeal to the Planning
Commission's recommendation of denial of a rezoning request by Carl R.
Ferguson to rezone a 7.8 acre tract located on the north side of Zion Road
between Old Missouri Road and Crossover Road from A-1, Agricultural District,
to R-2, Medium Density Residential District.
Neal Albright, speaking for the petitioner, stated that Mr. Ferguson is
planning to develop 80 acres over a period of time but at this time is asking
for rezoning for only 7.8 acres so he can build some duplexes.
The Planning Commission had recommended denial of the request because a
sanitary sewer system is not presently available in the area.
Mr. Albright reported that Mr. Ferguson planned to provide a private septic
system to serve the development. Mr. Albright also said that Mr. Ferguson
has no intention of selling any of the lots from the 80 acre development.
Mr. Ferguson said the sewer system he is proposing would meet the State
Department of Health standards.
184
1
City Manager Grimes said he felt that urban facilities should be available
before developing the area.
Mayor Purdy commented that the Board seemed strongly disinclined to approve the
request at this time.
Mr. Albright then asked that the request be tabled to give the petitioner more
time to come up with an adequate plan for a sewer system.
Director Utley moved the matter be tabled until the April 17, 1973 meeting of
the Board. Director Carlson seconded the motion. Upon roll call vote the
motion passed unanimously.
Upon request of the Mayor, City Attorney Malone read a proposed resolution
authorizing the Mayor and City Clerk to execute long-term leases with the
Fayetteville School System for park areas. The agenda contained a list of
the school sites and the planned facilities for each as listed below:
Root Elementary School: A 40! x 70' pavilion, a softball diamond, picnic tables,
and playground equipment;
Bates Elementary School: Picnic tables and playground equipment;
Asbell Elementary School: An illuminated softball diamond with concession stand,
restrooms, bleachers, and a second non -illuminated softball diamond;
Jefferson Elementary School: A pavilion, picnic tables, a softball diamond, and
playground equipment;
Happy Hollow Elementary School: A pavilion, picnic tables, and playground
equipment;
Butterfield Trail Elementary School: A pavilion, a softball diamond; picnic
tables, and playground equipment.
City Manager Grimes recommended that Paragraph 11 of the proposed lease agreement
be deleted. Paragraph 11 provided that the lease could be extended for an addi-
tional five-year period upon the City's request. Mr. Grimes indicated that the
renewal of the lease should be subject to the approval of both parties of the lease
Director Carlson requested that in Paragraph 7 the care, jurisdiction and authority
for the park facilities be vested in the City of Fayetteville rather than the Parks
and Recreation Committee. Mrs. Carlson pointed out that to delegate the care,
jurisdiction and authority for the park facilities to the Parks and Recreation
Committee Would be giving City government authority toda citizens' committee and
this might result in some problems. There were no objections to making the
change requested by Director Carlson in Paragraph 7.
Walter Niblock, attorney representing Fayetteville School District, requested that
the City share the liability with the school district. City Attorney Malone
explained that the City takes the position that it is immune from tort liability
under the doctrine of sovereign immunity.
Other discussion led to the phrase "mow and maintain':' rather than "maintain" being
used in Paragraphs 4 and 5.
City Attorney Malone announced that he would make the approved changes in the
lease agreement.
Director Utley moved the resolution be adopted. Director Orton seconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 27-73 appears on page 123 of Ordinance and Resolution Book 3.
185
Upon request of the Mayor, the City Attorney read a proposed resolution
authorizing the Mayor and City Clerk to execute a construction agreement
with the Arkansas State Highway Department for turn radii improvements
under the TOPICS program,
Director Carlson moved the resolution be adopted. Director Murray seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton,
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No, 28-73 appears on page 124 of Ordinance and Resolution
Book 3.
Mayor Purdy appointed Director Stanton to the Board Street Committee to
replace Director Carlson who had resigned from the committee. The Mayor
called for a voice vote of approval of this appointment. Upon roll call
the appointment was approved by a vote of five "Ayes" and no "Nays".
Directors Carlson and Stanton abstained from voting.
Director Stanton presented the report of the Board Nominating Committee
which contained the following nominations:
Community Appearance Committee - Stephen E. Brown to fill the unexpired term
of Richard Greer;
Pollution Control Committee - Bruno Kirsch to replace Mrs. Marion Orton
whose term has expired;
Industrial Park Committee - Reappointment of Bill Brandon, Leonard Kendall,
and Garland Melton, Jr. for two year terms; appointment of Dr. Gene C.
Lynch to replace Dale Christy whose term has expired, appointment of Joe
Fred Starr to replace Don Trumbo, Jr. whose term has expired.
Housing Task Force - Reappointment of A. P. Eason, Jr., David McNair, and
John Williams; appointment of Frank Kerr, John Lewis, Claude Prewitt, Dave
Rose, Semon Thompson, Leo Peel, and James Herrin, all appointments and
reappointments for a one-year term.
Municipal Parking Authority - Members previously appointed shall serve
terms as follows:
Tom Keith Term to expire June 5, 1975
John Powers Term to expire June 5, 1977
Preston Woodruff, Jr. Term to expire June 5, 1973
Curtis Shipley Term to expire June 5, 1976
Garland Melton, Jr. Term to expire June 5, 1974
Director Orton announced that the Board Nominating Committee is recommending
that the Housing Task Force, which was originally established to serve for a
period of one year from March 6, 1972, be continued for one additional year.
Sturman Mackey announced that Harry Vandergriff has been appointed by the
United Presbyterian Church to serve on the City Hospital Board and Ed Connell
has been appointed by the St. Joseph Catholic Church to serve on the City
Hospital Board.
Director Carlson nominated Don Trumbo, Jr. for reappointment to the Industrial
Park Committee instead of Joe Fred Starr. Mrs, Carlson explained that she
felt that Mr. Trumbo is more knowledgeable as far as industries are concerned
than is Joe Fred Starr, and that Mr. Trumbo in his work as a securities
analyst has records, reports and channels open to him which would be valuable
to a member of the Industrial Park Committee.
186
1
Director Stanton commented that more recent members of the Board of Directors
might be more up to date with current matters in the City. Mr. Stanton emphasized
that the nomination of Joe Fred Starr was not just an arbitrary action by the
Nominating Committee, but was in keeping with an intent to nominate the two
previous Mayors.
Director Utley moved the nominations of the Board Nominating Committee be approved,
excluding the nomination of Joe Fred Starr for appointment to the Industrial Park
Committee. Director Orton seconded the motion. Upon roll call the motion passed
unanimously.
Mayor Purdy then called for a voice vote for Don Trumbo, Jr. or Joe Fred Starr
for appointment to the Industrial Park Committee. Upon roll call the following
vote was recorded:
Trumbo: Orton and Carlson.
Starr: Purdy, Noland, Utley, Murray and Stanton.
The Mayor announced the appointment of Joe Fred Starr to the Industrial Park
Committee.
City Attorney Malone read a proposed ordinance accepting the dedication of public
utility easements in the Hinkle Mobile Home Park located at 3480 Highway 16 East.
City Manager Grimes said he and the Water and Sewer Superintendent recommended
that these be approved.
Director Noland moved the rules be suspended and the ordinance be placed on second
reading. Director Utley seconded the motion. Upon roll call the motion passed
unanimously.
The City Attorney read the proposed ordinance a second time.
Director Murray moved the rules be further suspended and the ordinance be placed
on third and final reading. Director Carlson seconded the motion. Upon roll call
the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1912 appears on page 169 of Ordinance and Resolution Book 3.
City Attorney Malone read a proposed ordinance to accept the street dedications
in the large scale development plan of the Fayetteville Freewill Baptist Church
to be located on the Highway 71 Bypass between Highway 62 West and Highway 16 West.
Director Orton asked where the service road for this property would be, as no
service road was indicated on the plot map of the project.
City Manager Grimes replied that the Street Superintendent and he agreed that this
large scale development plan should not be approved until the matter of a service
road is decided.
Director Stanton moved this ordinance and Agenda Item 16, which would authorize
the execution of a contract guaranteeing the installation of certain improvements
in the development, be tabled until the next regular meeting of the Board.
Director Noland seconded the motion. Upon roll call the motion passed unanimously.
The next item on the agenda was consideration of a request for a waiver of the
requirements of the Major Street Plan for the large scale devopment plan of
Shelton Sales and Service to be located on Poplar Street at t V.
southwest corner
of its intersection with Gregg Avenue.
City Manager Grimes explained that the new Comprehensive Street Plan which will be
considered by the Board soon calls for a four lane street on the east side of the
railroad tracks. The Major Street Plan called for two lanes on each side of the
railroad trackk. Mr. Grimes said the construction of four lanes on the east side
187
of the tracks would be cheaper than two lanes on each side of the tracks
and that four lanes on the east side of the tracks appeared to be a more
feasible plan.
City Attorney Malone read a proposed resolution to amend the Major Street
Plan as it affects the property included in the large scale development
plan of Shelton Sales and Service on Poplar Street,
Director Utley moved the resolution be adopted. Director Carlson seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 29-73 appears on page 125 of Ordinance and Resolution Book 3.
Director Orton asked that the City Manager provide the Board members with a
full report on Gregg Avenue as soon as possible.
Walter Niblock, representing Willis Realty Company, was present at the meeting
to request a waiver of the requirements of the Major Street Plan as it
affects the "Old Safeway Building" located at 612 North College Avenue.
Mr. Niblock explained that his client wishes to place a fire door in the
west wall of the present structure, build steps down to the present sidewalk,
and erect a brick screen between the existing street and the proposed new
steps.
Several Board members expressed reluctance to grant the request since College
Avenue is likely to be widened and in the case of widening College Avenue
the right-of-way would be needed,
City Attorney Malone advised that the City Board of Directors could grant
the request subject to Willis Realty Company dedicating a ten foot strip
of property to the public right of way and waiving any claims in the future
that might result from the widening of College Avenue.
Director Noland moved the request for waiver of the requirements of the Major
Street Plan be granted subject to the dedication of a ten foot strip to the
public right of way and a waiver of any claims in the future that might
result from the widening of College Avenue. Director Utley seconded the
motion. Upon roll call the motion passed unanimously.
City Attorney Malone read a proposed ordinance providing for a penalty for
operating a private club without a license or for operating without paying
the supplemental tax for two consecutive months.
Director Carlson moved the rules be suspended and the ordinance be placed on
second reading. Director Utley seconded the motion. Upon roll call the
motion passed unanimously.
The City Attorney read the proposed ordinance the second time.
Director Noland moved the rules be further suspended and the ordinance be
placed on third and final reading. Director Carlson seconded the motion.
Upon roll call the motion passed unanimously.
The City Attorney read the proposed ordinance the third time, after which
the Mayor asked the question, "Shall the.Ordinance pass?"
Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1913 appears on pages 170 and 171 of Ordinance 8 Resolution Book 3.
188
1
1
1
City Manager Grimes reported that the street lighting for College Avenue from
North Street to Harold Street needs to be upgraded and he recommended that 67
new 400 -watt mercury vapor street lights be installed along College Avenue
from North Street to Harold Street. The cost of the lighting to the City of
Fayetteville would be $251.25 per month, There would be no contribution required
from the City to installlthis system.
Director Utley moved the City Manager's recommendation be accepted. Director
Murray seconded the motion. Upon roll call the motion passed unanimously.
Bid tabulation for water and sewer chemicals and Administrative Memorandum
No. 256 were attached to the agenda. Administrative Memorandum No. 256
contained the following recommendation: that a one-year contract to expire
on April 3, 1974 be awarded to the low bidder for each item.
Director Carlson moved the City Manager's recommendation be accepted. Director
Utley seconded the motion, Upon roll call the motion passed unanimously.
A bid tabulation for one new fire truck and Administrative Memorandum No. 258 was
attached to the agenda. Administrative Memorandum No. 258 contained the following
recommendation: That the 34,000 GVW truck chassis, diesel model, be purchased
from Lewis Ford Sales, Inc., in the bid amount of $11,163.62 with no trade-in;
that the fire pumper telescopic water tower unit be acquired and installed by
Snorkel Fire Equipment Company in the low bid amount of $48,031.00 with no trade-
in. Total awarded bid amount of $59,194.62. The diesel engine equipped chassis
is recommended by the Fire Chief due to reduced long-range maintenance.*Amended below.
Director Stanton moved the City Manager's recommendation be accepted. Director
Murray seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Malone read a proposed resolution authorizing the condemnation of
right of way for the construction of a bridge on Morningside Drive. Mr. Malone
explained that there are no structures involved in the condemnation.
Director Stanton moved the resolution be adopted. Director Utleysseconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" None.
Director Carlson abstained from voting.
There being six "Ayes" and no "Nays" the Mayorndpclardd•the resolution adopted.
*Resolution No. 30-73 appears on page 126 or Ordinance and Resolution Book 3.
City Attorney Malone read a resolution expressing sympathy to the family of
Jack Sowder who had served on the Civil Service Commission.
Directo-r Utley moved the resolution be adopted. Director Noland seconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 31-73 appears on page 127 of Ordinance and Resolution Book 3.
City Manager Grimes handed to the Board members a copy of Act 498 recently adopted
by the State Legislature. Act 498 would provide that the Board of Directors of
the City of Fayetteville, and other cities, may be elected in a different manner
than the procedure currently used in Fayetteville.
Since the Board members had previously endorsed legislation of this type, Mayor
Purdy asked if the Board would like the City Attorney'to prepare an ordinance for
the possible consideration of the Board.
*Fire Chief McWhorter stated that sooner or later, within a year or so, we are
going to need to buy a truck that has a 75 foot snorkel in order to meet state law.
189
Director Carlson said she would suggest the City Attorney look into the
steps necessary to redefine the wards of the City before considering the
provisions of Act 498.
City Attorney Malone said the County Election Commission could redefine the
wards and suggested that the City Manager could indicate the Board's approval
of the redefining of the wards to the County Election Commission.
Director Utley moved the City Attorney be directed to prepare an ordinance
in accordance with Act 498 for the Board's consideration. Director Noland
seconded the motion. Upon roll call the motion passed unanimously.
There being no further business, Director Noland moved the meeting be
adjourned. Director Orton seconded the motion. Upon roll call the motion
passed unanimously whereupon the Mayor declared the meeting adjourned.
ATTEST:
APPROVED:
190
Mayor
1
1
1