HomeMy WebLinkAbout1973-05-01 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
MAY 1, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, May 1, 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,
Murray, Carlson and Stanton.
Directors Absent: Utley.
Others Present: Representatives of the news media.
Minutes of the regular meeting of April 17, 1973 had been distributed to
the Board members prior to the meeting. The following amendments were made
to the minutes of the April 17, 1973 meeting:
1. Director Orton requested that line one on page 192 be amended by
deleting "Sunrise Manor" and inserting "Hillcrest Tower", since
Hillcrest Tower Apartments is what Mr. Carlson had in mind when he
made that statement.
2. On page 197, paragraph two, Director Orton requested that the
statement which read: "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 south end,"
be amended to read, "...north end."
There being no further corrections or additions to the minutes, the minutes
of the April 17, 1973 meeting were approved as amended.
Upon request of Mayor Purdy, the City Attorney read the second time the
proposed ordinance to rezone a 56.5 acre tract 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.
City Manager Grimes stated that apparently the residents of the area have
no strong objections to a motel at the intersection, but that they do have
objections to the idea of speculative commercial zoning for wide use.
Mr Grimes added that it appears that if the City would agree to zone a
depth from Highway 16 West approximately 500 feet north to C-2, the zoning
would be lined up as the Planning Commission had requested and the amount
of property rezoned would be in excess of 13 acres which is the amount
needed for the proposed motel.
Marshall Carlisle, attorney representing the property owners, commented
that the only property that is proposed for development at this time is
somewhere around 14 acres. Mr. Carlisle said that detailed sketches of
the placement of the proposed motel were presented to the Planning Commission
at the time of the public hearing. Mr. Larry Wood of the Northwest Arkansas
Regional Planning Commission indicated that it would be better to keep the
C-2 zoning at the intersection rather than string it down Highway 16 West,
Mr. Carlisle said. Mr. Carlisle emphasized that he did not think the
proposed motel could be placed on the 660 feet depth from Highway 16 West
as City Manager Grimes had proposed. Mr. Carlisle said that a contract has
already been entered into between the proposed motel developer and the
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property owners for the purchase of the property included in the original
rezoning request.
A large group of residents from the area were present at the meeting. Glen
Newtown stated that he thought the City Manager's recommendation to rezone
property to C-2 a depth of approximately 500 feet from Highway 16 West and
give Giles Addition residents an exit from a street at the west end of that
property would be desirable. Mr. Newtown added that if the whole tract were
rezoned the City would be leaving the residents of Giles Addition at the mercy
of more commercial development.
Ken Riley of the Northwest Arkansas Regional Planning Commission said that
NWARPC is recommending that the City giveaconsideration to asking the Highway
Department to look at the intersection involved here. Mr. Riley explained
that the NWARPC has suggested an alternative that a service road come down
to Dorothy Street and that the new collector type facility be acquired for
the Giles Addition neighborhood as an extension of Dorothy Street which would
connect with a northern extension of Marvin Avenue. Mr. Riley explained further
that the proposed off ramp would be moved then to Giles Road to provide an
acceptable point of egress for those in commercial and residential developments
when signaii,tation is installed. The distance from the Highway 71 Bypass right-
of-way to the new service road proposed by NWARPC to serve Giles Addition would
be 1,000 feet.
Director Carlson moved that the proposed ordinance be amended so that the legal
description would include the south 660 feet of the proposed tract parallel to
Highway 16. Director Murray seconded the motion. Upon roll calPthe following
vote was recorded:
"Ayes" Orton, Purdy, Murray•and Carlson.
"Nays" Noland and Stanton.
There being four "Ayes" and two "Nays".tire .motion passed:
Director Carlson then moved that the rules be suspended and the proposed ordinance
be placed on third and final reading. Director Orton seconded the motion. Upon
roll call the following vote was recorded:
"Ayes" Orton, Noland, Murray, Carlson and Stanton.
"Nays" Purdy.
There being five "Ayes" and one "Nay" 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: -441/4
"Ayes" Orton, Purdy, Noland, Murray and Carlson.
"Nays" Stanton.
There being five "Ayes" and one "Nay" the Mayor declared the Ordinance passed.
Director Orton then moved that a recommendation be made to the Planning Commission
that they consider amending the service road ordinance according to the proposal
made by Ken Riley of NWARPC written in the minutes above. -Director Noland'
seconded the motion. Upon roll call vote the motion passed unanimously.
Marshall Carlisle asked if the ordinance just passed included the rezoning of
the property recommended for R-2 zoning by the Planning Commission. The City
Attorney explained that it did not.
Director Stanton moved that the vote just taken on the ordinance above be
expunged. Director Noland seconded the motion. Upon roll call vote the
motion passed unanimously.
Director Noland moved that the ordinance be amended to include in the legal
description the remainder of the tract to be rezoned from A-1 to R-2. Director
Orton seconded the motion. Upon roll call vote the motion passed unanimously.
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The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll
call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
/There being six "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1917 appears on pages 179 and 180 of Ordinance and
Resolution Book 3.
Item Four on the agenda was consideration of the recommendations of
Director Carlson concerning parking spaces for City employees. Included
in the agenda was a letter from Garland Melton, Jr., Chairman of the
Fayetteville Parking Authority, requesting that this item be tabled.
Director Carlson recommended that this item be tabled until the Parking
Authority is ready to present a report to the Board.
City Attorney Malone announced that petitions have been filed with the
Circuit Judge requesting that the Judge appoint a three-member committee
to reapportion the City into wards. City Attorney Malone stated that the
Judge has said that he will recommend to any committee he appoints to study
reapportionment that they consider fully any plan the City has recommended.
Mr. Malone stated further that it is his recommendation that the City Board
go ahead and allow the procedures in the Circuit Court to be accomplished
because there are no cases printed that have made any decisions under the
Home Rule legislation. Therefore, Mr. Malone said, it is safer to do this
under the court procedure. Mr. Malone further recommended that if the
plan proposed by the City Manager to be considered at this meeting is
acceptable that the City Board recommend the proposed ward reapportionment
plan to the Circuit Court.
Administrative Aide David McWethy reported to the Directors on the
recommended ward reapportionment plan, and indicated that in the opinion
of the City staff there were three prime considerations in the recom-
mendation: (1) That the wards be as nearly equal in population as was
practical; (2) that the ward boundaries exhibit a certain amount of
"visual logic" by adhering to natural geographic boundaries, such as
streets, creeks, railroad tracks, etc.; and (3) that neither of the
wards have any distinct demographic characteristics which might result
in one having an economic or racial imbalance over another.
Director Noland moved that the City Attorney be directed to appear
before the Circuit Judge and submit and support the proposed ward
reapportionment plan as the Board's recommendation, and further that
Administrative Aide David McWethy be asked to also appear before the
Judge to provide information regarding the ward reapportionment plan.
Director Orton seconded the motion. Upon roll call vote the motion
passed unanimously.
Director Stanton reported that the Board Nominating Committee needs more
candidates for the Planning Commission position. Director Stanton said
the Board Nominating Committee would try to have a recommendation prepared
by the time of the next regular Board meeting.
Director Carlson moved that this matter not be forestalled any longer
and that the Board have an opportunity to make nominations at this time and
take a vote on those nominations at this meeting. Director Orton seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton and Carlson.
"Nays" Purdy, Noland, Murray and Stanton.
There being two "Ayes" and four "Nays" the motion did not carry.
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The next item on the agenda was consideration of the request by the City
Engineer for authorization of projects not specifically approved in the
1972-73 fiscal year Water and Sewer Budget. These projects include the
following:
1. 16" water line relocation near the northern end of the Highway 71
Bypass.
2. Installation of a water line on Dinsmore Trail.
3. Installation of a water line on Highway 265 South.
4. Sewer line installation in the area. of Viewpoint Drive and Highway 45
East.
City Manager Grimes explained that there are sufficient funds available to
perform these projects.
Director Orton asked whether the authorization of these projects would put
off some other projects where more homes may be involved, such as Baldwin
Avenue. City Manager Grimes explained that the authorization of these would
not put off other projects. Mr. Grimes explained that Baldwin Avenue's
problems started recently and he has instructed the City Engineer to draw
lateral lines for Baldwin Avenue and as soon as the engineering can be done
on the Baldwin Avenue project and other projects, they will be brought to the
Board for authorization.
The City Attorney read a proposed resolution to authorize the expenditure of
funds from the 1972-73 fiscal year Water and Sewer Budget for the accomplishment
of the projects itemized above. Director Stanton moved the resolution be
adopted. Director Carlson seconded the motion. Upon roll call the following
vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 35-73 appears on page 133 of Ordinance and Resolution Book 3.
The next item on the agenda was a request by Mr. Hank Gintonio of Gintonio
Construction Company that he be allowed to pave Mockingbird Lane which has
curb and gutter in place which was installed several years ago at a time when
the subdivision regulations specified a street width of 26 feet.
City Attorney Malone advised the Board that the City has a contract with the
developer to develop that street under the provisions of Ordinance No. 1245,
and that the City cannot require Mr. Gintonio to develop the street under any
later regulations.
Street Superintendent Clayton Powell reported that the curbs and gutters have
been in place since about 1965. Mr. Powell presented data to the Board which
indicated that the curb heights of the street are no longer the same. Mr. Powell
said, "I don't see how the City can continue to accept streets of this nature.
It costs the taxpayers money."
Charles W. Atkinson, attorney representing Mr. Gintonio, stated that Mr. Gintonio
should not be penalized by the City's asking him to meet newer regulations. Mr.
Atkinson also stated that he felt that Mr. Gintonio is Within his rights and
should be permitted to surface the street in order to make the property available
for the use for Which he bought it. Mr. Atkinson said that neither he nor Mr.
Gintonio had any notice that there was any discrepancy in the line of the street.
If this discrepancy resulted from erosion, Mr. Atkinson said, it was not Mr.
Gintonio's fault; if it was built that way, the City approved it.
Mayor Purdy stated that it seems reasonable that the City would have to allow
the 26 foot street but that he did not believe this kind of curb level would
have been acceptable when the street was accepted and he does not feel that the
City could accept that now.
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City Manager Grimes recommended that if the curb elevations meet the
original approved plans, the City permit the use of those plans, and
if not, that the City require the reconstruction of one or both sides of
the street. City Manager Grimes went on to say that if the plans are
not available, then the City require Mr. Gintonio to meet the standards
on elevation that are in effect at this time.
It was the will of the Board that the City Manager be authorized to
allow Mr. Gintonio to install Mockingbird Lane to meet the standards of
Ordinance No. 1245 and the engineering plans and profiles which have
been previously approved. If the plans and profiles do not meet the
standards of Ordinance No. 1245 the matter will be handled in the normal
administrative manner.
City Attorney Malone read a proposed resolution to authorize the execution
of a contract for the installation of an eight inch water line, the
developer paying $2,000 of the cost of this water line plus the cost of
financing the construction of the water line, the City to reimburse the
developer for all but $2,000 of the cost of the line when the 1973-74
Water and Sewer Budget takes effect.
City Manager Grimes explained that the City will be charged no interest
on the cost of the water line.
Director Stanton moved the resolution authorizing the execution of the
contract with the proposed developer, Hatfield Pontiac -Cadillac Company,
be adopted. Director Carlson seconded the motion. Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 36-73 appears on page 134 of Ordinance and Resolution
Book 3.
The next item on the agenda was consideration of the recommendation of the
Community Appearance Committee regarding the traffic islands on Highway 71
Business Route between North Street and Harold Street. The recommendation
of the Community Appearance Committee was that the City request the
Highway Department to effect a change order concerning Highway 71 North
through Fayetteville to direct that the placement of gravel and asphalt
in the curbing islands next to the highway be replaced with topsoil in
which low growing shrubs could be planted. The maintenance of these
planters would be the responsibility of the individual business owners
along the highway.
Bryce J. Davis was present at the meeting to present a petition signed by
16 business persons along the Highway 71 Business Route, requesting that
the City of Fayetteville take such action as is necessary to insure that
the State Highway Department not fill the curb islands along College
Avenue with concrete or asphalt but that the islands be filled with a
good grade of topsoil and sprigged or seeded with grass and that appro-
priate plantings be placed in such a manner as to enhance the general
appearance of the Avenue.
Dan L. Flowers of the Arkansas State Highway Department reported that
the recommendation of the Community Appearance Committee has been sent
to the State Highway Department Headquarters in Little Rock for their
recommendations. Mr. Flowers stated that before the change order can
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be enacted, the State Highway Department will need to have a commitment
from the City of Fayetteville guaranteeing the maintenance of the traffic
islands.
Directors Carlson and Purdy expressed some doubt that the planters would be
maintained satisfactorily by the business places.
After some discussion, Director Orton moved that the City Manager be authorized
to notify the State Highway Department that the City of Fayetteville will
guarantee the maintenance of the traffic islands on Highway 71B from North
Street to the Bypass. Director Noland seconded the motion. Upon roll call
vote the motion passed unanimously.
City Controller Pat Tobin presented an evaluation of bids received and
recommendation regarding health insurance for City employees. The recommendation
read as follows:
"That Alternative B be approved and that funding of this increase be appropriated
in the following manner: (1) General Fund - Appropriate an additional $6,800
from the unappropriated fund balance to General Fund Account 4575 - Insurance
Account; (2) Public Works Fund - Appropriate an additional $2,110 from the
unappropriated fund balance to Public Works Fund Insurance Account 7575;
(3) Water and Sewer Fund - Appropriate an additional $1,100 from the unappro-
priated fund balance to Water and Sewer 0 & M Fund Insurance Account 6675
(the current fiscal year ends July 31); (4) Sanitation Fund - Increase
Sanitation Fund Insurance Account 5075 by $1,800 and decrease Sanitation Fund
Vehicle and Machinery Maintenance Account 5073 by $1,800. (The vehicle main-
tenance costs so far this year have been running below the 1973 budget projections.
Barring any unforeseen maintenance problems, the proposed budget change should
be sufficient to absorb the increased health insurance premiums for the
Sanitation Fund.)"
Alternative B in the health insurance proposals read as follows:
"Increase health insurance benefits according to Blue Cross -Blue Shield Plan III
with City participation increasing from $7.57 monthly on individual to $11.59
monthly, and City participation increasing from $7.57 monthly on family to
$15.79 monthly. There would be no increased cost to employees."
City Attorney Malone read a proposed resolution to:sauthorize the changes in
the budget as recommended above in order to absorb the increased health
insurance premiums of the recommended group health insurance plan.
Director Carlson moved the resolution be adopted. Director Stanton seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 37-73 appears on page 135 of Ordinance and Resolution Book 3.
Budget Officer Sturman Mackey presented bid tabulation and recommendations
regarding bid awards for eight vehicles which had been budgeted. It was
recommended that the bids for all vehicles be awarded to Lewis Ford Sales, Inc.,
the low bidder. It was further recommended that the 3/4 ton pickup truck for
the fire crash vehicle be re -bid after execution of a grant agreement with the
Federal Aviation Administration.
The following recommendation was made for budget changes:
"It is recommended that an additional $1,270.52 be budgeted from the 1973 Revenue
Sharing Budget, Balance for Contingency, for the acquisition of vehicles budgeted
therein; and that an additional $245.45 be budgeted from the Water and Sewer
0 $ M Fund for acquisition of the 1/2 ton pickup for the administration -engineering
division."
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City Attorney Malone read a proposed resolution authorizing the budget
changes as recommended and approving the recommendation for bid awards
as outlined in Administrative Memorandum No. 5-1-738.
Director Noland moved the resolution be adopted. Director Orton seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 38-73 appears on page 136 of Ordinance and Resolution
Book 3.
City Manager Grimes presented bid tabulation and recommendation that the
award of bids for liquid oxygen, vaporizers, and roto meters be awarded
to the low bidder for each item.
Director Orton moved the City Manager's recommendation be accepted.
Director Carlson seconded the motion. Upon roll call vote the motion
passed unanimously.
Attached to the agenda was a bid tabulation for Bid #189, 5/8" x 3/4"
water meters. City Manager Grimes recommended that the bid be awarded
to the low bidder with trade-in, Rockwell Manufacturing Company.
Director Stanton moved the City Manager's recommendation be accepted.
Director Carlson seconded the motion. Upon roll call vote the motion
passed unanimously
City Attorney Malone read a proposed resolution to authorize the execution
of a lease agreement with Herman Jones for renewal of a lease for property
located at the northwest corner of the intersection of the Highway 16
Bypass and Industrial Park Road (approximately 17 acres). The lease
agreement is for a three-year period at $80 a year.
City Manager Grimes explained that this is a row -crop lease only. Only
one bid was received for the lease of this property, that bid being
from Herman Jones.
Director Noland moved the resolution be adopted. Director Orton seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 39-73 appears on page 137 of Ordinance and Resolution
Book 3.
City Manager Grimes recommended that the City give notice to Clyde Weems
who holds a five-year contract for the use of property located at the
Industrial Park (that portion of the Industrial Park not under contract for
sale or not taken by streets or railroad right-of-way or not specifically
reserved by the City for other purposes) in exchange for mowing and other
maintenance work, that the contract will be terminated in 1974 on the
anniversary date of the contract and that competitive bids will be taken
for pasture rights to the land at that time.
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Director Orton moved that the City Manager be authorized to give notice to
Clyde Weems that the contract for the use of the land will be terminated
on the anniversary date of the contract next year. Director Noland seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray and Stanton.
"Nays" Carlson.
There being five "Ayes" and one "Nay" the motion passed.
City Manager Grimes announced that the only bid received by the Urban Renewal
Office for the Urban Renewal project was for $428,000. The Urban Renewal Office
had estimated $203,000 for this project. $80 000 of the bid amount was for
asphalt paving in the project. The Urban Renewal Office would like to negotiate
this amount down by taking the asphalt paving out of the project. $25,000
in materials and labor and equipment would be required to do the asphalt paving
work, Mr. Grimes said. Mr. Grimes stated that the City of Fayetteville has
sufficient funds in Revenue Sharing Contingencies to perform this work for the
Urban Renewal Project. Mr. Grimes said that he has discussed this matter with
the Street Superintendent and they feel that the City should do this work to
keep the rest of the Urban Renewal project from being torn apart.
City Manager Grimes recommended that the Board authorize the expenditure of
$12,500 from the 1972 Revenue Sharing Budget and $12,500 from the 1973
Revenue Sharing Budget to accomplish the asphalt paving for the Urban Renewal
project. Mr. Grimes explained that the City's other in-kind commitments
would be cancelled by this action. The $25,000 will cover the cost of the
asphalt. Mr. Grimes stated that the City's original commitment to the Urban
Renewal project was for $45,000 in-kind credits.
City Attorney Malone read a proposed resolution to authorize the allocation of
$12,500 from the 1972 Revenue Sharing Funds and $12,500 from the 1973 Revenue
Sharing Funds in order to accomplish the asphalt paving for the Urban
Renewal Project.
Director Stanton moved the resolution be adopted. Director Murray seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 40-73 appears on page 138 of Ordinance and Resolution Book 3.
John Winn, Ozark Almanac Community TV representative, was present at the meeting
to ask the Board to purchase three video tapes and lend them to Ozark Almanac
to be used in the video-taping of City Board meetings. Mr. Winn further
requested that the Board encourage the University of Arkansas to cooperate
with Ozark Almanac in allowing Ozark Almanac to use University facilities
for programming, technical operations, etc. Mr Winn reported that the cost
of the three video tapes would be a maximum of $120.
City Attorney -Malone read a proposed resolution authorizing the allocation of
$120 from 1972 Revenue Sharing Contingency, and further that the City Manager
be authorized to indicate to the University of Arkansas that the Board of
Directors encourages their cooperation with Ozark Almanac in allowing the use
of their facilities for programming, technical operations, etc.
Director Carlson moved the resolution be adopted. Director Orton seconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" None.
There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 41-73 appears on page 139 of Ordinance and Resolution Book 3.
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During the discussion of the previous item, Director Carlson commented that
it would be a good policy if the City could begin to record the sound of
City Board sessions on tape, these recordings to be kept on file for a
period of one or two years.
Director Carlson requested that the City Manager set up briefing sessions
with various City departments - Police Department first - and that these
briefing sessions be announced and as many of the directors as possible
could be present.
There being no further business, Director Stanton moved the meeting be
adjourned. Director Carlson seconded the motion. Upon roll call the
motion passed unanimously, whereupon Mayor Purdy declared the meeting
adjourned.
ATTEST:
Ilm
City C.
APPROVED:
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