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HomeMy WebLinkAbout1973-04-17 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 17, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, April 17, 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 April 3, 1973 had been distributed to the Board members prior to the meeting, Director Carlson requested the following amendments to the minutes of the April 3, 1973 meeting: 1. On page 180, near the bottom of the page, that the statement be amended to correctly read: "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." 2. On page 181, the last sentence, amended to read: "Director Carlson pointed out that in addition to the reasons stated in her letter to Mayor Purdy, copies of which were distributed to 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 and the City Manager." 3. On page 182, to the statement which read: "Mrs. Carlson added that she feels that Board members should not involve themselves in specific subject questions," add the following phrase, "...on a continuing basis." 4. Amend the statement following the sentence amended in no, 3 to read: "Director Noland, in answer to question asked by Dr. Robert Hay, Professor of Management at the University of Arkansas, said " Director Carlson also requested that the question as asked by Dr. Hay be included in the minutes. After some discussion regarding what the question was exactly, it was suggested that if the City Clerk has the question recorded in her notes from the last meeting that it be inserted in the minutes. It was the will of the Board to do so. 5. On page 183, Director Carlson requested that the following statement be added beside her "Nay" vote: "That the negative vote was forced by the inclusion in the motion of 'approval' of the committee's planning proposals prior to their review by the Planning Commission." City Attorney Malone stated that it is not proper to place a statement beside a vote. Mr. Malone explained that the statement would be recorded in the minutes of this meeting, but that at the time of the vote the discussion is supposedly ended and it would not be proper to place the statement in the minutes of the last meeting. 6. On page 189, paragraph three, that the following statement be included: "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." City Manager Grimes stated that he agreed that the statement was included in the discussion, but added that he did not feel it was pertinent to the decision reached. Mr. T. C. Carlson, Jr: stated that he felt it is "quite germaine" that the statement be placed in the minutes. A 50 foot snorkel, Mr. Carlson said, 191 will not service Hillcrest Tower Apartments and the University of Arkansas Director Utley moved that the minutes state that Mr. Carlson has stated that it is germaine that the minutes reflect that a 75 foot snorkel will be needed in a few years and further that Mr. Carlson's statement was based on a statement made by the Fire Chief at the last meeting of the Board. The motion was seconded by Director Stanton. Upon roll call the motion passed unanimously. There being no further corrections or additions to the minutes, the minutes of the April 3, 1973 meeting were approved as amended, Attached to the agenda was a letter from Oliver W. Ostmeyer and a copy of the opinion delivered by the Arkansas State Supreme Court in the case of City of Blytheville, W. J. Cupples, vs, Harold Thompson, Sr., Arkansas 5-6166, delivered 12 March 1973. In his letter, Mr. Ostmeyer asked the Board to again consider his rezoning request in light of the recent opinion delivered by the Arkansas State Supreme Court. City Attorney Malone stated that it is his opinion that the matter not be considered solely on the basis of this decision, Director Carlson said that this Board needs to consider, "Do we here on the Board think that the Board has acted in an arbitrary manner rather than in due consideration of the request of Mr. Ostmeyer." Director Noland pointed out that both the old and the new boards have voiced their opinions on this matter already. Director Orton moved that the Board not reconsider Mr. Ostmeyer's case until it can legally be brought up again. Director Noland seconded the motion. Upon roll call vote the following vote was recorded: "Ayes" Orton, Purdy, Noland, and Murray. "Nays" Utley, Carlson and Stanton. There being four "Ayes" and three "Nays" the motion passed. The Mayor stated that consideration should be given to a resolution approving construction improvements by Beaver Water District of Benton and Washington Counties, Arkansas. This was a matter with which the Board was familiar and after a discussion, the Mayor introduced a resolution entitled: "A RESOLUTION APPROVING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS BY BEAVER WATER DISTRICT OF BENTON AND WASHINGTON COUNTIES, ARKANSAS; MAKING CERTAIN COVENANTS AND AGREEMENTS CONCERNING THE IMPROVEMENTS, THEIR FINANCING AND THE USE BY THE CITY OF TREATED WATER OBTAINED FROM THE DISTRICT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY," and the City Attorney read the resolution in full. Director Stanton, seconded by Director Utley, moved that the resolution be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted "Aye": Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton; and the following voted "Nay": None. The Mayor thereupon declared the resolution adopted and signed the resolution, which was attested by the City Clerk and impressed with the seal of the City. The resolution was given number 32-73, Qat- ' 'S book. \V, 192 1 _ Upon request of Mayor Purdy, City Attorney Malone read a proposed ordinance entitled: "AN ORDINANCE PROVIDING THAT THE MEMBERS OF THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS SHALL BE ELECTED IN THE MANNER PROVIDED BY ACT 498 OF 1973 OF THE ACTS OF ARKANSAS." Director Orton voiced her concern that this election must be a special election since fewer people turn out for a special election. Director Orton suggested that the following phrase be deleted from Section 2 of the proposed ordinance: "..,which time shall not be later than September 30, 1973." Mrs. Orton stated that she was concerned that University of Arkansas students and faculty members might not be able to file a petition for candidacy if they wished to do so if the election were held on or before September 30, 1973. Director Stanton pointed out that apparently a substantial number of citizens of Fayetteville want ward representation and he felt that the Board should give the citizens of Fayetteville an opportunity to vote on this issue at an early date. Director Carlson asked for a report on how the re -districting of the wards should be done and how soon it could be accomplished before proceeding with the con- sideration of this ordinance. The twelve months leash law and the question of whether or not the City is to supply metered water service outside the City limits should also be put to the voters and these questions should be accomplished at the same time as a special election called by this ordinance. Director Orton moved that the proposed ordinance be amended by deleting the following phrase: ".,.which time shall not be later than September 30, 1973." Director Noland seconded the motion, Miss Faye Ramsey from the audience commented that she felt that just after three or four months it is a waste of taxpayers' money to call another election. She added that she felt that it would be unfair to the four recently elected Board members. Colonel William G Myers stated that he agreed with Mrs, Orton's basic concept that September 30, 1973 might be too soon to hold a special election, but added that he would like to see a substitute date put in the proposed ordinance, Colonel Myers said that he would prefer to see an election date set for October if there is to be an election. Director Orton said that she thought the Board could save time by not setting a date for the election at this meeting. Mayor Purdy then called for a vote on the motion to amend the proposed ordinance. The following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley and Stanton. "Nays" None. Directors Carlson and Murray abstained from voting. There being five "Ayes" and no "Nays" the motion passed. Director Utley recommended that the City Manager be directed to prepare a report to be made available to the Board members at the next regular Board meeting, that report to contain information as to when the Election Commission can come up with a division of the City into wards if it is determined that the re -districting is in order. Director Carlson commented that the Board needs more information on many aspects. The City Manager reported that the Election Commission Chairman has said that the Election Commission would welcome a recommendation from the City Board of Directors and that they would need clerical assistance from the City when new ward boundaries are determined. The chairman of the Election Commission also said that 60 days would probably be a sufficient amount of time to allow for the project, Mr. Grimes said. City Manager Grimes said that a recommendation can be made available to 193 1 the Board as soon as they would like one, since some preliminary work has already been done on this matter. City Attorney Malone reported that there are two methods by which the re -districting of the City can be accomplished: (1) petition to the Circuit Court, or (2) by the Directors themselves under Home Rule legislation, Mr. Malone said that he would work with the City Manager and make a recommendation to the City Manager as to the better route to take in re -districting the City. Director Carlson asked that the City Attorney be directed to draw up a petition to the Circuit Court for the re -division of the City by wards and a resolution for the Board's consideration approving the filing of that petition, Director Carlson then moved that the proposed ordinance be tabled until the wards of the City have been re-divisioned. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Murray and Carlson. "Nays" Orton, Purdy, Noland, Utley and Stanton. There being two "Ayes" and five "Nays" the motion did not pass. Director Carlson then moved that the City Attorney bring to the Board at the next meeting a resolution accompanied by a petition to be filed with the Circuit Court for a re -division of the wards in the City of Fayetteville. City Attorney Malone stated that he is not in complete agreement that that would be the better method to use in the re-divisioning of the City into wards, Director Carlson then restated her motion as follows: "Move that the City Manager be asked to present a proposed re -division of wards to the Board at the next regular meeting." Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. Director Utley moved the rules be suspended and the ordinance as amended be placed on second reading. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley and Stanton. "Nays" Murray and Carlson. There being five "Ayes" and two "Nays" the motion passed. The City Attorney read the proposed ordinance the second time. Director Utley moved the rules be further suspended and the ordinance as amended be placed on third and final reading. Director Stanton seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley and Stanton. "Nays" Murray and Carlson. There being five "Ayes" and two "Nays" the motion passed. The City Attorney read the proposed ordinance the third and final 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 and Stanton. "Nays" Murray and Carlson. There being five "Ayes" and two "Nays" the Mayor declared the Ordinance passed. *Ordinance No, 1914 appears on pages 172 and 173 of Ordinance and Resolution Book 3. Upon request of Mayor Purdy, the City rezone a tract of land containing 4.6 of Giles Road and Dorothy Jean Street Attorney read a proposed ordinance to acres located at the northeast corner from A-1, Agricultural District, to 194 1 R-1, Low Density Residential District, Petitioners are James R. and Betty M. George. City Manager Grimes explained that City sewers are projected to be in the area very close to this property within six to eighteen months, depending upon construction time. Mr. Grimes said that he has no objection to this rezoning. Planning Commission member Al Hughes was present at the meeting and stated that the Planning Commission decided that there should be no lot splits in the development while on-site sewers are being used. City Attorney Malone explained that. the Planning Commission has notified the Planning Administrator not to make any waivers on the subdivision regulations. He further explained that the Board could do the same thing, not making it a part of the ordinance but rather by separate action; however, Mr. Malone said, this would not be necessary because the Planning Commission has already done so. Director Noland moved the rules be suspended and the ordinance be placed on second reading. Director Orton seconded the motion, Upon roll call vote 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 p4laced on third and final reading. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final 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. 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to rezone approximately 16.3 acres located on the northwest corner of Highway 16 West (Wedington Drive) and the Highway 71 Bypass from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Petitioners are Leo and Jewell Kate Thomas, Director Utley ked whether the provisions regarding service roads are being adhered to in this rezoning request. City Manager Grimes replied that the provisions are being adhered to here. i Director Carlson stated, "We are continuing to rezone pieces of property on the Bypass to C-2. In this instance the plan is for a motel. That serves highway traffic. I personally don't have objections to kinds of C-2 that serve major arterial traffic." Mrs. Carlson asked whether this regi]est takes into consideration the proposal to make this highway an expressway. In other words, is there enough right-of-way on the Bypass to take care of this. Garland Melton replied that they acquired enough land for four lanes with a median without service roads Mrs. Carlson then saiddthat she would like the Board to give careful consideration to a motel having a sign to send their patrons in toward town and keeping the highway as a parkway. Mrs. Carlson added, "If we start cluttering it up with C-2 it does deteriorate it." Paul Westberg, a resident of Giles Addition, was present tat the meeting to warn the Board of the traffic problems that would result from C-2 zoning in this area. Mr. Westberg said, "This is a disastrous corner." Mr. Westberg asked the Board to hold off on rezoning anything around the intersections until the Highway Department does something about the intersections. 195 r Glen Newtown and Alice Ludwig, also residents of the area, were present at the meeting to voice their opposition to the rezoning because of traffic hazards Marshall Carlisle, attorney representing the petitioners, reminded the Board that the land use plan that was adopted by the City recommended that the land around the intersections on the Bypass be used for commercial purposes and that commercial uses be concentrated around the inter- sections. Mr. Carlisle stated that the proposed motel would contain 100 units. Director Stanton asked whether the large scale development plan for the property provided for any accesses to Highway 16 for people traveling down Giles Road. Mr. Carlisle replied that he did not think they had considered that but it could be considered as a safety factor. Mr. Carlisle said, "Giles Road is now a two-lane street. We would be willing to dedicate more land for left turn or right turn lanes." Mr. Westberg asked why the request for rezoning involved more than 250 feet which would be the footage required for the motel front. Attorney Walter Niblock, also representing the petitioners, replied that Mr, and Mrs. Thomas were told by the Planning Commission that the Planning Commission wanted to square up the zoning on the Bypass, so the additional footage included in the rezoning request was to accomodate the City of Fayetteville's request to square up the zoning. There was some discussion about the amount of property included in the rezoning request. Director Noland stated that he felt that it would be a good idea to give additional thought and consideration to this rezoning request since there seems to be some problem with access and the exact amount of acreage involved here. Director Noland asked that the amount of acreage be precisely defined for the Board. Mr. Carlisle said that he would get Mr. Woods of the Northwest Arkansas Regional Planning Commission to provide those dimensions to the Board at the next regular Board meeting. Director Utley recommended that the Board leave this rezoning ordinance on first reading and that the proper information be acquired for the Board. Director Orton said, "I am inclined to feel that the minimum amount of commercial is warranted here until we get a better intersection." There being no further discussion, the ordinance was left on first reading. Upon request of the Mayor, City Attorney Malone read a proposed ordinance to rezone a 10,875 square foot tract of land located on the southwest corner of the intersection of the Highway 71 Bypass (Archibald Yell Boulevard) and South Street from R-0, Residential Office District, to C-3, Central Commercial District. Petitioner is Loy Sisemore. Director Murray moved the rules be suspended and the ordinance be placed on second reading. Director Carlson seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the second time. Director Murray moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Carlson seconded the motion. Upon roll call vote 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?" 196 • 1 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. 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed ordinance to rezone a six -acre tract of land located on the southwest corner of Highway 112 (North Garland Avenue) and the Highway 71 Bypass from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Applicant for the rezoning is Bryce J. Davis, agent for Daniel B. Thomas and J. C. Calabria, the property owners. The proposed developer of the property is Hatfield Pontiac -Cadillac Company. City Manager Grimes explained that on this tract the access road will come down the east side of the property and run along the south side of the property thenolong the Bypass south to Highway 16. Mr. Grimes said the applicants have discussed with the Highway Department the matter of access and the Highway Department will need a portion of the property at the north end. The Highway Department has asked the applicant to move their operation down some. This will mean, Mr. Grimes explained, that the applicant will be coming back to the Board asking for additional property to be rezoned. Director Carlson asked for clarification on which highways in the City are the highways to which the access road ordinance applies, The City Attorney explained that those highways have been designated but they are not listed in the Code Book. He agreed that it would be pertinent to list those designated highways in the Code Book. Director Carlson then asked for some further elaboration in the designation of those highways to include Highway 62, Highway 16 East and West, and Highway 45. Mrs. Carlson added that, "We should require service roads on all major highways into town." In answer to Director Noland's question regarding provisions made for water and sewer service, Mr. Davis said that the property will be used for an automobile agency so there will be minimal sewer usage, Mr. Davis also explained that Mr. Hatfield is willing to have an eight -inch water line installed and pay for the installation, providing the City will reimburse him for the cost of this water line. Mr. Hatfield ag ees to pay up to $2,000 of the cost of the water line plus the cost of financing the construction of the water line. Mr. Davis explained that the City sewer service is one and one-half miles from this property at this time. In answer to Director Carlson's question as to how long it would be before sewer service would be available to this property, City Manager Grimes said that right now the City has no plans for extending City sewer service to that area since the area is pretty well isolated because of the University Farm. Mr. Grimes added that there is little development in that area compared to other areas which also need to be served. Director Orton reminded the Directors that the Board has tended to discourage developments in the areas that have not been served by the City sewer and if this rezoning petition were granted it would be going against the current trends. Director Stanton replied that there are sewer plants available for use in small subdivisions that handle sewage very well. At any rate, Director Stanton added, they will have to have a system that can be approved by the State Health Department. Director Utley said that what the Board is trying to do is usurp a state agency. "The fact that we don't like the state's enforcement of the codes is one thing, but when we try to do their job for them is another thing," Director Utley said 197 Director Utley added that, "We should address ourselves to the matter of whether this business should go in there." Director Noland moved the rules be suspended and the ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call vote 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 Noland seconded the motion. Upon roll call vote the motion passed unanimously. Director Orton asked the City Manager what his recommendation is on this rezoning request. City Manager Grimes replied that as far as zoning is concerned he agrees that it is a commercial site. Mr. Grimes added that the only question he has concerns the sewage disposal. Mr, Grimes suggested that one way to handle the situation would be to direct the City Manager to indicate to the City Engineer that the Board is concerned about the sewage disposal and instruct the City Engineer to make sure the sewage disposal is taken care of properly before a large scale development is approved. There were no objections to the suggestion. Mayor Purdy said, "The City Manager is so directed." /The City Attorney read the proposed ordinance the third and final time. In further discussion, Director Carlson said, "Earlier this evening I talked about not having C-2 on the Bypass. My purpose is to avoid placing more local traffic on the Bypass. I realize that this business establishment would be on the City side of the Bypass and that traffic would not have to cross the Bypass " Director Carlson, directing her question to Garland Melton who is a proponent of the Northwest Arkansas Regional Planning Commission Transportation Plan, asked what he thought of putting more and more C-2 on the Bypass Dr. Melton answered that if the over- passes and all other work scheduled for the Bypass were done, the concerns of the Board would be eliminated. "The question becomes when will this be done," Dr. Melton said. Dr. Melton said that the first construction to be done by the Highway Department in this area would be on the Bypass There being no further discussion, Mayor Purdy 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 adopted. *Ordinance No. 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. City Manager Grimes reported that the proposed water and sewer project for the area discussed previously is scheduled for the 1973-74 Water and Sewer Budget. Mr. Grimes explained that the City could enter into a contractual agreement with Hatfield Pontiac -Cadillac for getting City water to the site of the proposed Hatfield Pontiac -Cadillac agency right away, Hatfield Pontiac - Cadillac paying up to $2,000 of the cost of the water line plus the cost of financing the construction. It was the will of the Board to consider this contractual agreement at a later date. 198 1 Or 1 City Attorney Malone read a proposed ordinance to rezone 1.4 acres of land located on East Farmer Avenue from A-1, Agricultural District, to R-1, Low Density Residential District. Petitioner is Lazenby Real Estate. Director Utley asked whether the approval of this rezoning request would imply an approval for the conditional use for duplexes. City Attorney Malone explained that the action of passing this ordinance would be to rezone the property with no understanding of the approval of a conditional use. Director Noland moved the rules be suspended and the ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the ordinance the second time. Director Noland moved the rules be further suspended and the ordinance be placed on third and final reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final 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. 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to rezone a 4.5 acre tract located on the west side of Green Acres Road from R-1, Low Density Residential District, to R-0, Residential Office District. Petitioner is Paul R. Congour, et. al. Director Carlson moved the rules be suspended and the ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously, The City Attorney read the proposed ordinance the 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 vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final 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. 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. Director Carlson commented that since the time was after 11:00 P.M, she felt that it would be unfair to the citizens to continue this meeting tonight. Director Carlson moved that this meeting be recessed until 7:30 PIM, next Tuesday evening. The motion died for lack of a second. City Attorney Malone read a proposed ordinance to rezone an 8.5 acre tract of land located between Poplar and Sycamore Streets and between Birch and Chestnut Avenues from R-3, High Density Residential District, to I-1, Heavy Commercial and Light Industrial District. Petitioner is Helen T. Edmiston, 199 • 1 Mayor Purdy commented that his only concern about this rezoning is that the street may not be big enough to handle the traffic, Director Carlson indicated that she is also concerned about the traffic in I-1 zones because even though these industries begin as light industrial, as the businesses grow they get heavier equipment. Mrs, Carlson added that she wished the Board could enforce the kind of concept the Planning Commission recommended, "quiet, attractive, pollution free, and low employee oriented," Director Stanton moved the rules be suspended and the ordinance be placed on second reading. Director Orton seconded the motion, Upon roll call the motion passed unanimously. The City Attorney read the proposed ordinance the second time. Director Orton moved the rules be further suspended and the ordinance be placed on third and final reading. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final 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, 1915 appears on pages 174 through 177 of Ordinance and Resolution Book 3. The next item on the agenda was consideration of the 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, This item had been tabled at the April 3, 1973 meeting of the Board until this meeting. City Manager Grimes announced that Mr. Ferguson has requested that this matter be tabled for a period of six months to allow the petitioner more time to come up with an adequate plan for a sewer system, Director Utley moved this item be tabled for a period of six months. Director Noland second the motion. Upon roll call vote the motion passed unanimously. City Manager Grimes recommended that the following item, consideration of an ordinance accepting the street dedications in the large scale develop- ment plan of the Fayetteville Freewill Baptist Church, be tabled until Fayetteville Freewill Baptist Church can bring in a map showing access roads to the property. The next item on the agenda was consideration of a resolution authorizing the Mayor and City Clerk to execute a contract guaranteeing that the contractor/developer will install certain improvements in the above- mentioned development for Fayetteville Freewill Baptist Church The City Manager recommended that this item also be tabled until the Fayetteville Freewill Baptist Church can bring in a map showing access roads to the property, Director Orton moved the two items mentioned above be tabled until the Fayetteville Freewill Baptist Church can provide a map showing accesses for the property. Director Utley seconded the motion, Upon roll call vote the motion passed unanimously. 200 1 1 01. 1 Upon request of Mayor Purdy, the City Attorney read a proposed ordinance amending Section 20 of the recently adopted Taxicab Ordinance, Ordinance No. 1910. The amendment proposed by the City Attorney concerned safety inspections. Director Noland moved the rules be suspended and the ordinance be placed on second reading. Director Orton 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 Orton seconded the motion. Upon roll call vote 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. 1916 appears on page 178 of Ordinance and Resolution Book 3. City Manager Grimes reported that Garland Melton, a member of the Parking Authority, has requested that Item #16, consideration of the recommendation made by Director Carlson concerning parking spaces for City employees, be tabled until the first Board meeting in May, at which time Dr. Melton feels that the Parking Authority can present their proposals. Director Utley moved this item be tabled until the first regular Board meeting in May. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. Director Stanton reported that the Board Nominating Committee hopes to have a report available by the time of the next regular Board meeting. Upon City Manager Grimes' recommendation, Director Orton moved that Item #18, further consideration of an ordinance imposing a $1.00 security fee on each airline passenger boarding at Drake Field, be tabled until Federal legislation on this matter is finalized or for 90 days, whichever comes first. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. Attached to the agenda was Administrative Memorandum No. 259 and bid tabula- tions for the following items: 1. Bid No. 188: Sand blasting unit for the Water and Sewer Department; 2. Bid No. 192: Fire hydrants; 3. Bid No. 193: Portland and masonry cement; 4. Bid No. 191-A, 191-B, and 191-C: Tractors for the Street and Buildings and Grounds Departments, The City Manager recommended the award of all bids, with the exception of Bid No. 191-C, to the low bidder in each case. The City Manager recommended that all bids on Bid No. 191-C be rejected and the unit be readvertised for bids. Director Carlson moved the City Manager's recommendation be accepted. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney Malone read a proposed resolution to approve the budgeting of an additional $500 from the replacement fund of the Public Works Fund Budget for the acquisition of an industrial tractor with backhoe and front end loader as per Bid No. 191-A. 201 Director Carlson moved the proposed 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. 33-73 appears on page 131 of Ordinance and Resolution Book 3. The City Manager announced that the City of Arkadelphia has offered to purchase eight sanitation trailers from the City of Fayetteville at a price of $200 each. Director Utley moved that the City of Fayetteville sell eight sanitation trailers to the City of Arkadelphia for a price of $200 each. Director Orton seconded the motion. Upon roll call vote the motion passed unanimously. The City Manager read a proposed resolution regarding assurances that portions of the Lake Fayetteville Park would remain in their natural state for a period of 25 years. Director Carlson moved that the resolution be amended to provide that portions of the Lake Fayetteville Park would remain in their natural state for a period of 50 years rather than 25 years. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Noland, Utley, Murray and Carlson. "Nays" Purdy and Stanton. There being five "Ayes" and two "Nays" the motion passed. The City Attorney suggested that the proposed resolution read: " as shown on the Lake Fayetteville map..." to more clearly define the portions of the Lake Fayetteville Park covered by this resolution. Director Orton moved the resolution as amended 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. 34-73 appears on page 132 of Ordinance and Resolution Book 3. City Manager Grimes announced a meeting of the Housing Authority to be held on Wednesday morning, April 18, 1973. The City Manager announced that it is his recommendation that the bid for a new fire truck be awarded to Snorkel Fire Equipment Company in the bid amount of $49,031.00 since it is his recommendation that the old fire truck not be traded in at this time. At the April 3, 1973 meeting of the Board, the Board awarded the bid to Snorkel Fire Equipment Company in the bid amount of $48,031.00. This included $1,000 for trade-in allowance. Director Carlson moved that the bid be awarded to Snorkel Fire Equipment Company at the higher figure of $49,031,00. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. The City Manager announced a public hearing on the proposed comprehensive street plan to be held on May 14, 1973 at 7:30 P,M, at a special Planning Commission meeting. 202 1 Attached to the agenda was a memorandum from Dale D. Clark, Director of the Parks and Recreation Department, in which Mr, Clark stated that the Parks and Recreation Advisory Board has approved the construction of a baseball field at the Industrial Park location. The land will be leased to the City on a long-term lease, with priority scheduling going to the Babe Ruth Board of Directors. Mr, Clark said that it is the recommendation of the Parks and Recreation Advisory Board that up to $12,000 be designated for the baseball diamond, with this amount designated for purchasing necessary lighting and fencing. City Manager Grimes explained that the funds have already been allocated for this project, but the funds were allocated for capital improvements so the Parks and Recreation Advisory Board has to come back to the Board of Directors with recommendations for approval. The City Manager stated that it is his recommendation that this be approved so the project can get underway. Director Utley moved the City Manager's recommendation be approved. Director Carlson seconded the motion. Upon roll call vote the motion passed unanimously. City Manager Grimes announced that a group from the University of Arkansas, Ozark Almanac, has asked permission to televise Board meetings. It was the will of the Board to postpone action on this matter until a later date. Mayor Purdy reminded the Board that the contract for the sanitary landfill will expire In one year and before that time the Board should have decided what to do and be ready to do it, He asked the Board members to give some serious thought to this matter. Director Carlson asked if this matter would not be considered by the University students performing the sanital$ on study. Mayor Purdy replied that Dr. Hay says they are looking at it but it is not necessarily part of their study. Mayor Purdy added that the Pollution Control Committee might be asked to look at the matter. There being no further business, Director Stanton moved the meeting be adjourned. Director Noland seconded the motion Upon roll call vote the motion passed unanimously, whereupon Mayor Purdy declared the meeting adjourned. ATTEST: bb Y,u City gcerk 203 APPROVED: