HomeMy WebLinkAbout1973-06-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
JUNE 19, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, June 19, 1973 in the Directors Room of the City
Administration Building at 7:30 P.M.
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 and members of the audience.
Minutes of the regular meeting of June 5, 1973 had been distributed to the
Board members prior to the meeting. City Attorney Malone noted that on
page 226 near the bottom of the page reference is made to "Sycamore Park".
The more common name of that park is "Veterans Park". City Attorney Malone
requested that that change be made in the minutes.
Director Carlson requested that the underlined portion be added to complete
the following statement which appears on page 224 near the middle of the page:
"Mrs. Carlson explained that the 'University ward' is so largely made up of
property that is not taxed that the reapportionment is highly disproportional
as to assessed property valuation. The law obviously intended to give
representation weight to amount of city taxes an area pays as well as the
amount of population an area has."
Director Carlson requested that a statement made by Director Orton be inserted
toward the middle of page 225. Director Orton said that she felt that the
minutes were clear without that addition. It was the will of the Board to
accept the requested amendment on page 224.
There being no further corrections or additions to the minutes, the minutes
of the June 5, 1973 meeting were approved as amended.
Item Number 3 on the agenda was further consideration of the ward
reapportionment made by the Circuit Court. Attached to the Directors' agenda
were comments by Jo Ann Teas requesting that the Board take action to "put
this matter in proper perspective", comments protesting the "Gilbert Committee's
present redistricting plan" from Ardee Aitth, and a copy of the Special
Committee on City Reapportionment report.
The Directors reported the citizen response they had had during the past
two weeks regarding the ward reapportionment. Director Stanton reported that
he had talked with two persons regarding this matter and that both persons
agreed with him that the City's money should not be spent to take the matter
to the Supreme Court
Director Carlson stated that she had had two phone calls from person endorsing
her expressions. These persons said that they would hope that the City would
decide to represent the people thoroughly on this question and have this
decided by the Supreme Court. Mrs. Carlson also reported that she had
discussed this matter person to person with eight to twelve persons and none
of the persons she talked with favored the court ordered apportionment and
they expressed favor of taking the matter to the Supreme Court.
Director Murray reported that he had had a number of phone calls and all of
those persons calling him expressed an interest in taking the matter to the
Supreme Court for a decision.
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Mayor Purdy reported that he had one phone call the first week favoring the
Court's solution to the ward reapportionment. As a result of a group meeting
held the next week, Mayor Purdy said that he had other phone calls favorable
to fighting the case. At any rate, Mayor Purdy said, the response was not
overwhelming.
Director Noland reported that he had a number of phone calls. Some persons
calling wished to take the matter to the Supreme Court and about an equal number
wished to live with the plan which has been adopted by the Circuit Court.
Director Noland added that, "Perhaps 90 percent of the people in Fayetteville
are not concerned."
Director Utley reported that he had been contacted by several persons, all
being in favor of pursuing this matter as far as one can go in legal matters.
Director Utley added that he feels that under the circumstances, the fact that
directors will be elected at large, he can see no impact the ward reapportionment
will have at future elections and he sees no need to pursue this matter at this
time.
Director Orton said that she does feel that not pursuing the matter further would
be doing a disservice to the people because the simpler the voting procedure the
better it will be for the voters. Director Orton reported that she had much
response from citizens who hoped that the City would do something about the
ward reapportionment.
Director Murray stated that he is definitely not in favor of the plan approved
by the Circuit Court and that he prefers the plan suggested by the City because
of the simplicity of the ward arrangement.
Director Carlson said that she thought comments made by Jo Ann Teas in a letter
addressed to the Board of Directors were pertinent and realistic. Mrs. Carlson
also explained that part of the reason that local residents are not informed on
this question is because the local newspaper carried such a small amount of
information regarding ward reapportionment.
Director Stanton said that he saw no inequity in the present ward plan as far as
violation of voters' rights since the directors will be elected "at large" anyway.
Director Stanton said that he agreed that the City's proposed plan made it easier
to decide which:ward one lives in, but that each individual voter has an obligation
to find out where he is supposed to vote. Mr. Stanton reiterated that he does not
wish to spend the City's money to take this matter to the Supreme Court. "If the
citizens want to make an appeal that is up to a citizens' committee...", Mr.
Stanton said.
Ginger Parker, First Vice -President of the Washington County League of Women
Voters, read a statement to the Fayetteville Board of Directors regarding
reapportionment of City wards, urging the City Board•tb take action in opposition
to the present reapportionment plan.
In answer to Director Stanton's question as to why the Washington County League
of Women Voters felt that the present reapportionment plan was not in the best
interest of the City of Fayetteville, Mrs. Parker replied that (1) equality of
representation can be achieved only if all the wards are neatly equal in popula-
tion, and (2) because the lines of the ward divisions are difficult to follow in
the present plan and it will be an obstacle to voting.
Sylvia Swartz read a statement from the League of Women Voters of Arkansas which
read as follows:
"Mayor Purdy, members of the city board, I am Sylvia Swartz, a vice
president of the Arkansas League of Women Voters. The State Board of
Directors of the Arkansas League of Women Voters met this past weekend
in Little Rock and decided to voice its concern for the redistricting
plan ordered for Fayetteville. With rapid urbanization, many communities
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in Arkansas are facing redistricting in order to equalize voting
representation, and the Arkansas League feels that it is in the
public interest that the most careful procedures be adhered to. We
would like to make these four points:
"1. We support the concern of the Washington County League which
already has been expressed, for the clear inequality of the division of
the court ordered plan.
"2. We are concerned with any circumstances, including redistricting,
which create confusion for the voters and discourage them from voting.
The National League of Women Voters, through a $54,000 grant from the
Ford Foundation, studied administrative obstacles to voting. One of
the frequent obstacles to voting was found to be the difficulty of
knowing and finding the proper place to vote. We believe that a simple
ward division has distinct advantages.
"3. We are disturbed by the fact that in the court-ordered plan
there is a 'university ward' when creation of such special wards which
are black, military, etc has been declared unconstitutional by the
courts.
"S. (sic) We also feel that there were several procedural failures
in reaching the court approved plan. We believe that there was a
failure of communication regarding the place and time of meetings of
the court appointed commission. There may also have been misunder-
standings regarding the Judge's directions to the commission in that
some think that the commission was to draw up a plan to be considered
among other alternative plans, while others considered that the
commission was to recommend the best plan, which the judge would
then adopt. There is also some question about whether the commission's
decision was made in open meeting and recommended unanimously by its
members. Finally, neither the court nor the commission appointed
by the court gave the public and interested parties an opportunity
to be heard on the merits of the plans under consideration.
"For these reasons, the Arkansas League of Women Voters feels
that the Fayetteville City Board, in its capacity of representing
the rights and interests of the citizens, should strongly question
the action taken by the Circuit Court."
Mrs. Swartz explained that the State League of Women Voters has a concern in
this matter, saying that many other cities in the State of Arkansas are going
to have to reapportion in a short time and that the City of Fayetteville
will be setting a precedent in the state.
Directors Murray and Carlson pointed out that they felt that the citizens of
Fayetteville would derive more benefit from spending approximately $1500 on
an appeal to the Supreme Court than they would from spending this amount of
money on dues to civic organiaations.
Hugh D. Blankenship from the audience commented, "The Circuit Court plan is
the best I have seen." Mr. Blankenship said that if there are to be an equal
number of voters in each ward the reapportioning will have to be done every
six months.
Marsha Wood, 923 Woolsey, near the City Park, pointed out that the chances
of someone in the neighborhood of the City Park being elected to directorship
were slimmer since their neighborhood had been assigned to Ward 3, a larger
ward. Mrs. Wood also stated that if the Board expresses a realization that
the present plan is the inferior plan yet fails to do anything about it, it
will erode the people's confidences in the City Board and tend to increase
citizen apathy.
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Jean Tweraser, 816 Highland, near the City Park, said that she had talked with
a number of people in her neighborhood and that those people do not like being
put into a ward that is 1,000 persons larger than their present ward.
Nancy Gildersleeve, Willow Street, stated that the reason public response was
limited was because the newspapers have not been informing the public on this
matter. Mrs. Gildersleeve also said that since some members of the Board seem
to be concerned about spending City money on aft appeal, she suggested that they
follow the second course of action, to reapportion under the Home Rule Statute,
which would cost nothing.
In answer to Director Utley's question, City Manager Grimes commented that the
next special census might occur within about two years.
In answer to Director Noland's questions, the City Attorney said that if the
Circuit Court plan is accepted it will be four years before a similar procedure
could be followed to realign the City wards, however, the City is free at any
time to follow the Home Rule Statute for reapportionment, taking into consideration
the problems the County Clerk will have in reassigning the voters to the proper
ward. City Attorney Malone said that it should be possible to get a Supreme
Court hearing on this matter within three months.
City Manager Grimes reported that the County Clerk will expect the City to
help bear Some of the costs of reassigning voters to wards. This will probably
amount to $600 to $1,000, Mr. Grimes said.
City Attorney Malone said that if the City Board wished to follow the second
course of action, to go ahead and reapportion under the Home Rule Statute, that
a public hearing should be held and then a decision made as to which plan was
best.
In answer to Director Utley's question, the City Attorney said that even though
the Circuit Court has pronounced one alignment, if the City under the Home Rule
Statute pronounced a different alignment, the latest act would be the reapportion-
ment that would be effective.
Director Stanton moved that a public hearing regarding reapportionment plans be
held at the next regular meeting of the Board. Director Noland seconded the motion.
Upon roll call the following vote was recorded:
"Ayes" Orton, Noland, Murray, Carlson and Stanton.
"Nays" Purdy and Utley.
There being five "Ayes" and two "Nays" the motion passed.
City Attorney Malone read a proposed resolution to authorize the condemnation of
right of way across the Claude and Lila Dowell property for the Highway 265
water line.
City Manager Grimes reported that the City has been unable to negotiate with
the Dowells for the right of way so this condemnation is necessary in order
for the project to get underway.
There was no one present at the meeting in opposition to the right of way
condemnation.
Director Stanton moved the resolution be adopted. Director Noland seconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Carlson and Stanton.
"Nays" None.
Director Murray abstained from voting.
There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 50-73 appears on page 148 of Ordinance and Resolution Book 3.
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City Attorney Malone read a proposed resolution authorizing the Mayor and
the City Clerk to execute an agreement with the Arkansas Highway Department.
A copy of the agreement was attached to the agenda. The agreement stated
that the City will "install, operate and maintain" a set of fully actuated
traffic lights at the intersection of Highway 71B and Rolling Hills Drive.
The lights will be similar to those now operating at the entrance to
Evelyn Hills Shopping Center.
City Manager Grimes reported that the cost will be approximately $5,500.
Director Stanton moved the resolution be adopted. Director Utley 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. 51-73 appears on page 149 of Ordinance and Resolution
Book 3.
Mr. Howard Vetter was present at the meeting to present information regarding
storm warning systems. Mr. Vetter explained the system presently being used
in this area and suggested some possibilities for a more dependable storm
warning system. Mr. Vetter said that with the Board's permission he would
look into the matter of a storm warning system for Fayetteville and the
surrounding area and report his findings to the Board at a later meeting.
Mr. Vetter said that he would check into the possibility of Greenland,
Farmington, Elkins, Springdale, and Washington County contributing to the
cost of a storm warning system also.
The next item on the agenda was a recommendation from the Street Superintendent
that the existing concrete construction contract be renewed with a 10 percent
increase in cost over the bid prices of June, 1972.
City Manager Grimes reported that the City Attorney does not feel that the
recommendation is in keeping with the City ordinances. Therefore, the City
Manager requested that the Board authorize the advertisement for bids for
concrete construction.
Director Utley moved that the City Manager be authorized to advertise for
bids for concrete construction. Director Orton seconded the motion. Upon
roll call vote the motion passed unanimously.
Attached to the agenda was a memorandum regarding bids for re -roofing Drake
Field Hangar Building. The memorandum contained the recommendation that
the only bid received be awarded in the amount of $12,468.00 for the re -roofing
work to be performed by Wood Cunningham Company. The 1973 Revenue Sharing
Budget included $15,000 for maintenance to buildings at the airport, including
the re -roofing of the old hangar building.
In answer to Director Utley's question, Sturman Mackey reported that the
hangar building is structurally sound.
Director Carlson reminded the Board that within the next three months the
Board should be hearing a report from the committee studying the feasibility
of a regional airport. Mrs. Carlson suggested that the Board wait to make a
decision on this expenditure until the report is available from the regional
airport committee. Mrs. Carlson also stated that since Frontier Airlines
does not use this hangar building, this expenditure amounts to a large sum
of Fayetteville's money to subsidize private industry - one single
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transportation type. "In light of the current petroleum crisis which will
have an impact on our transportation, perhaps we should look into using this
$12,000 in heavier priority needs than further expenditures for our airport,"
Mrs. Carlson stated. Mrs. Carlson added that she urged the Board to urge the
Airport Committee to bring in its report with dispatch so a decision could be
made on this expending of $12,000.
Director Stanton said that if a new airport is built it will probably be five
or six years before it is ready for operation. Director Stanton also pointed
out that this hangar building is rented so the City does receive some income
from the use of the building.
City Manager Grimes reported that the roof on the hangar building has reached
a point where patching it does no good anymore.
Director Noland pointed out that this $12,000 investment to repair the roof
hopefully would gain $36,000 in hangar -use fees and related income. Director
Noland also stated that the building could be used even after a new airport
were built.
City Manager Grimes said that the airport property has not been maintained
properly over the years so the City is going to have other maintenance expenses
at the airport.
Director Orton stated that the City has an obligation to maintain the airport
facilities for its tenants now.
Director Utley moved that the City Manager's recommendation for the bid award
be accepted. Director Stanton seconded the motion. Upon roll call the following
vote was recorded:
"Ayes" Orton, Rirdy, Noland, Utley, Murray, and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
Attached to the agenda was a memorandum regarding bids for a five-year lease
agreement for pasture and hay removal at the Drake Field Municipal Airport.
The memorandum contained the City Manager's recommendation that the Mayor and
the City Clerk be authorized to execute the lease agreement with Arthur Miller,
the highest bidder. The lease agreement with Arthur Miller is in the amount
of $1,250 per year for the five year term of the lease. A copy of the lease
agreement was attached to the agenda.
City Attorney Malone read a proposed resolution authorizing the execution of
the lease agreement with Arthur Miller. Director Carlson 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. 52-73 appears on page 150 of Ordinance and Resolution Book 3.
Attached to the agenda was bid tabulation for cast iron pipe, Bid No. 201, and
a memorandum containing the recommendation that all items of the cast iron
pipe portion of the bid be awarded to the low bidder and award of the cast iron
fittings portion of the bid as follows: "Rohan, American and Clow attached
conditions requiring 1,000 pound, 2,000 pound, and 40,000 pound minimum ship-
ments respectively to their cast iron fittings bid which are unacceptable to
the City of Fayetteville, Arkansas. Therefore, I recommend rejection of their
bids on items 24 through 286 and award to Waterworks Supply, Fort Smith, Arkansas,
the low bidder, with the exception of items 81, 142, 143, 144 and 145 for which we
received no bids."
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Director Utley moved the recommendation be accepted. Director Murray
seconded the motion. Upon roll call vote the motion passed unanimously
Bid tabulation for tires and tubes, Bid No. 203, was handed to the Directors
and news media representation at the meeting. The City Manager recommended
that the bid be awarded to the low bidder for each type of tire, mounting
costs not to be considered since the City Shop generally mounts the tires.
In answer to Director Carlson's question, Sturman Mackey reported that
Gillette and Lee tires have served the City as well as Goodrich and Goodyear
tires in the past.
Director Stanton moved the City Manager's recommendation be accepted.
Director Orton seconded the motion. Upon roll call vote the motion passed
unanimously
City Attorney Malone reported that the Federal Aviation Administration wants
to install instrument landing structures for the MALS System. Mr. Malone
reported that in this FAA project the FAA is sharing 75 to 80 percent of the
cost of the structures. The right of way for this project has been acquired
with the exception of Kearney Electric property. Kearney Electric has been
concerned about the equipment producing electrical interference in their
equipment and vice -versa. Mr. Malone reported that he has been notified
that the problems with Kearney Electric have been resolved now. FAA wants
the right of way immediately in order to get the project underway.
Mr. Malone said that the City needs to notify FAA that we have the right
to go upon the properties so the project can begin and he recommended that
the Board adopt a resolution approving the condemnation of rights of way
and easements with the understanding that the right of way will be
negotiated rather than condemned if that is possible. Mr. Malone explained
that if the City delays in acquiring the right of way there is a chance
that the project will not be completed during this construction season.
Mr. Malone stated that the FAA is fully aware that there is a possibility
of a regional airport in the near future but they desire to install these
structures anyway.
City Attorney Malone read a proposed resolution authorizing the condemnation
of rights of way and easements for the MALS System. Mr. Malone clarified
that after this resolution is adopted the City will notify FAA that the
right of way had been acquired and before construction on the project begins
negotiations will be carried on with Kearney Electric.
Director Carlson said that she felt that the City would stand a psychologically
better chance of acquiring the right of way and easement from Kearney Electric
if the Board waited to pass this resolution until after negotiations were
completed. Director Carlson explained that she felt that Kearney Electric would
be in a better mood to negotiate if they felt that they were the final key to
the installation of the MALS System.
Director Stanton said that in the interest of the safety of the citizens who
use air transportation services, the City is obligated to provide all the
safety devices possible. Mr. Stanton said that he felt that the City should
act on this matter tonight.
In answer to Director Utley's question, City Attorney Malone reported that
all other right of way and easements have been negotiated with the exception
of an overflight easement from Standard Register, and of course the right of
way needed from Kearney Electric. Mr. Malone reported that Standard Register
has already granted one clear zone easement for this project.
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Director Carlson moved that the Directors reconvene in special session on
Friday, June 22 at 4:30 P.M. for the purpose of authorizing this right of way
condemnation. There was no second to the motion.
Director 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 and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the Mayor declared the resolution adopted.
*Resolution No. 53-73 appears on page 151 of Ordinance and Resolution Book 3.
City Attorney Malone assured the Board, "I will make every effort to try to
settle this with the property owner and will only dondemn at the last minute
before it appears we might lose the project."
Henry Burnett, Highway 16 East, was present at the meeting to state his concern
about the location of the proposed new fire station. Mr. Burnett handed to the
Directors letters from the Insurance Services Office of Arkansas and McNair -
Cravens Company containing information on the cost of fire insurance coverage.
Mr. Burnett stated that unless the new fire station is built within three miles
of the east City limits, that eastern portion of the City which is not within
three miles of the fire station will have lost forever any possibility of
reduction of insurance premiums based on distance from fire station. Mr. Burnett
contended that if the new station were located within three miles of the eastern
City limits, the growth of the intervening area would soon justify the construction
of an additional station which would provide overlapping areas of service from
the present central station to the eastern edge of the City including the Crossover
Road area and Highway 45 East. Mr. Burnett pointed out that the Industrial Park
as yet has no industries and questioned the logic of locating a fire station near
the Industrial Park. Mr. Burnett presented statistics of comparison of benefits
from reduction of insurance premiums accruing to home owners by virtue of being
situated within three miles of a fire station versus benefits from reductions of
insurance premiums accruing to industrial plants by virtue of being situated
within two miles of a fire station, and suggested that the statistics are proof
that the proposed fire station does not have to be built within two miles of any
possible future industry in the Industrial Park.
There being no further business, Director Stanton moved the meeting be adjourned.
Director Murray seconded the motion which passed unanimously whereupon Mayor Purdy
declared the meeting adjourned.
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