HomeMy WebLinkAbout1973-07-17 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
JULY 17, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, July 17, 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 July 3, 1973 had been distributed to the
Board members prior to the meeting.
Mayor Purdy noted that at the top of page 243 that the minutes should be
amended to correctly indicate that the final vote on the proposed ordinance
was taken before the vote was taken on the motion to authorize the City
Attorney to take whatever legal action is necessary to defend and uphold
the reapportionment plan adopted by the City. It was the will of the Board
to accept that amendment to the minutes.
Director Orton requested that the minutes be amended on page 245 to
state more clearly that the Board approved the final plat of a replat of
certain lots in Meadowlark Addition with the condition that the drainage
requirements be met by the developers. City Attorney Malone said that
the improvements in the subdivision were provided for by the resolution
which was passed prior to the passage of the ordinance and he felt that
point was made clear in the minutes as written.
Director Carlson questioned the wording of a motion made by Director Utley
as written on page 243. Mrs. Carlson contended that the motion was made
that the Board go on record as stating that they will announce for the
first scheduled meeting subsequent to the final ruling on this issue a
public hearing as to whether or not a special election shall be held and
if so, when such an election shall be held for the election of ward repre-
sentatives. Director Orton stated that she had understood the motion to
be for announcing a public hearing. Director Utley stated that the motion
is correct as written in the minutes.
Director Carlson requested an amendment on page 244, line 11, to insert
"welcome" in the following phrase: "...except where a welcome sign were
displayed." It was the will of the Board to accept that insertion.
Director Carlson also requested that the minutes include the following
statement which she made at the meeting: "Director Carlson questioned
that the courts had ever held that it was necessary to use 'No Trespassing'
signs to protect the sanctity and privacy of one's home." After some dis-
cussion it was decided that the statement could be included in the minutes
of this meeting, July 17, 1973.
There being no further corrections or additions to the minutes of the
July 3, 1973 meeting, the minutes were approved as amended.
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Item Number 3 on the agenda was consideration of proposed amendments to the
1970 Major Street Plan and a policy statement which read as follows: "Street
improvements resulting from implementation of the Fayetteville Major Street
Plan, where accomplished in existing built-up portions of residentially -zoned
areas, will take place on existing rights-of-way. However, in cases of new
construction and land use changes, building setbacks will be required to
conform with the adopted plan."
Mayor Purdy asked for comments from the Board members regarding the proposed
amendments to the Major Street Plan.
Director Stanton questioned whether it is so highly essential to replace
Willoughby Road north of Highway 16 East and.•questioned whether it was "worth
the expense" of replacing this section of Highway 265. Mayor Purdy said that
the proposed route for Willoughby Road crosses Highway 16 rather than following
Highway 16 for a short distance then turning off it. Mr Purdy said that a
left turn on the hill to get off Highway 16 to Willoughby Road is a difficult
corner to make. Director Utley said that there is also a matter of right-of-
way at the junction of Wyman Road and Highway 265 which would have required
the acquisition of several permanent structures if the old route had been
followed. City Manager Grimes said that the intent was not to follow
Paddock Road. Mr. Grimes explained that this plan is a general alignment.
Director Orton asked about the State Highway Department's adding Morningside
Drive and Willoughby Road to the Highway Department's plan. City Manager
Grimes explained that the State Highway Department took those existing
roadways into their system for maintenance only. Mr. Grimes further explained
that as growth occurs Willoughby Road will probably follow a path through
the Industrial Park and to the east.
Director Orton noted that there are several streets indicated in the 1970
Major Street Plan which have not been included in this plan. She asked why
many of the plans had been abandoned. Mr. Grimes stated that the feeling
was that the City was trying to reach out too far with the plan. This pro-
posed plan, Mr. Grimes said, is for about five years.
Director Orton expressed concern that the 1970 Major Street Plan had been
violated when building permits were issued for structures to be placed on
proposed street right-of-way. The City Manager said that due to the fact
that the Building Inspection Superintendent did not have a definite alignment
for proposed streets under the 1970 Major Street Plan, he had issued building
permits for certain areas where streets were proposed. Under the proposed
plan, Mr. Grimes said, the streets have been clearly defined in the built-up
areas, and in the fringe areas (undeveloped areas) the plan shows general
alignment only.
Director Orton suggested that before this plan is adopted that the Board
review the previous plan thoroughly and consider reinstating some of the
previous planning.
Director Carlson stated that there are three requirements a plan should
satisfy before being accepted: 1. It should outline things to create that
haven't been made yet; 2. It should contain solutions to existing problems;
and 3. It should not, itself, contain the seeds of more problems. Mrs. Carlson
said that testing this plan against the above criteria, "...I join the hundreds
of citizens who find this plan far from ready for acceptance yet." Mrs. Carlson
urged that the plan include indications of where major continuations of present
streets should be, beyond where they now end, and where they should lead to
and connect with roads that are outside the city limits. Secondly, Mrs. Carlson
urged that the plan include a "circle road" around our presently built-up area
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and that all state and federal routes be routed on that circle - that none
be allowed to come through the enclosed area of that circle. Mrs. Carlson
said that is the only way we can enforce through truck routes away from
our residential and business/commercial areas. Thirdly, Mrs. Carlson
commented that she felt that the plan for a freeway/expressway inside
the city limits is the most obvious future problem which would be created
by the acceptance of this plan. "An inter-city boulevard is needed and
can be extremely useful, but interstate transportation is best planned
to be away from urban areas for the best interests of everyone concerned,"
Mrs. Carlson said. Mrs. Carlson further commented that this proposed
plan abandons the plan now on the books. She suggested that the Board
review this street plan ward by ward, one ward per meeting for the next
four Board meetings.
Director Orton said that she felt that the Highway Department planning
was done only for the purpose of moving traffic and she felt that as
representatives of the people the Board should consider other social factors
such as placement of parks and schools which may not have entered into the
considerations of the Highway Department.
Director Noland questioned whether the City would have less leverage for
the installation of better traffic control devices for streets designated
as freeway/expressway until such time as those streets become four-lane
divided highways. City Manager Grimes said he did not think that would
be true, but stated that the City might have to pay the cost of the traffic
control devices.
Director Noland noted that the map of the proposed plan shows North Street
as the principal arterial street for Highway 45 and commented that this
would be channelling traffic through a residential area. Director Utley
said that to his knowledge no one has indicated North Street as a
re-routing of Highway 45.
Director Murray said that due to the topography of North Street "...I
can't see it for a principal arterial." Director Murray said that he
thought that Highway 45 should follow the old line for Highway 45 moving
down to feed into Lafayette.
Director Carlson commented that if there were more wider through streets then
traffic could be dispersed among them. Mrs. Carlson suggested that one
*See insert street which is a little bit wider*and could handle more traffic could
below. possibly be found at least every ten blocks in order to disperse the
traffic. Director Utley said that the problem with that suggestion is
that of buying right-of-way to widen streets. Director Utley explained
that the reason Prospect Street is marked a collector street on the plan
and then it stops is because the committee felt that it would not be
feasible to purchase the two and one-half blocks of residential property
between College Avenue and Mission Boulevard for street extension right-
of-way.
Director Utley commented that this plan is an attempt to link traffic
generators without saturating the City streets with cross traffic. When
land use for the now undeveloped areas is decided then the traffic problems
of the area can be addressed and the plan can be extended to cover those
areas. Every school, existing and projected, was considered by the
planners working on this transportation plan, Director Utley said, and
added that the planners addressed each item of the 1970 Major Street Plan
as a potential part of this proposed plan.
*such as Prospect
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Director Orton noted that the map is not consistent on the designation of
the "loop". At Joyce and Stearns, the line should indicate a principal
arterial rather than a minor arterial, Mrs. Orton said
Director Carlson said that as City Directors the Board owes it strongly to
the citizens of Fayetteville to remember this highway parallel to the old
Highway 71 is to be an interstate highway from Missouri to I-40 and if the
Board approves it as an expressway within the city limits it will lend it
strong impetus
There being no further comments from the Board, Mayor Purdy asked for comments
from the audience.
Ernie Deane spoke in opposition to making a "high speed bypass" running through
the city limits of Fayetteville.
Joe Clark spoke in opposition to a high speed highway down the bypass. Mr.
Clark said that a circular road around the town which includes Highway 265
and the bypass might be good for people living close to Fayettevil4e to come
into town but that it is not good for a major highway to split and go around
the town. Mr. Clark suggested that a circular road be built further out to
carry the traffic that might come in on an interstate highway.
Colonel William G. Myers said that the question is not whether we want a
bypass or not. The sooner we get a high speed interstate road the better,
Colonel Myers said. Colonel Myers urged the Board to designate the roadway
as a continuation of the larger system to show that the City wishes to get
the four lanes with overpasses and underpasses as soon as possible.
John Williams commented that he would be in favor of a plan that would not
route through traffic through the city and that includes the bypass. "I would
prefer through traffic to be routed further to the west or east, preferably
to the west," Mr. Williams said.
Director Orton stated that she feels there are other things the Board needs
to discuss before accepting this plan Mrs. Orton said that she felt that
something else could be worked out on the matter of the Highway 71 Bypass
before the Board voices an approval of the plan.
City Attorney Malone read a proposed resolution to accept the Master Street
Plan which was attached to the agenda as amended to show Stearns and Joyce
as principal arterials, to designate the north and south ends of the Highway
71 Bypass as freeway/expressway, and to accept the policy statement recommended
by the Planning Commission regarding the implementation of the Fayetteville
Major Street Plan.
Director Stanton moved the resolution be adopted. Director Utley seconded
the motion.
Director Carlson said, "I think it is premature to accept a plan that many
of us know is not as good as the public is entitled to." Director Carlson
moved that this matter be tabled until the second regular meeting in August
(August 21, 1973). Director Orton seconded the motion. Upon roll call the
following vote was recorded:
"Ayes" Orton and Carlson.
"Nays" Purdy, Noland, Utley, Murray and Stanton.
There being two "Ayes" and five "Nays" the motion failed.
Mayor Purdy called for a vote on the motion to adopt the proposed resolution.
Upon roll call the following vote was recorded:
"Ayes" Purdy, Noland, Utley, Murray and Stanton.
"Nays" Orton and Carlson.
There being five "Ayes" and two "Nays" the Mayor declared the resolution adopted.
*Resolution No. 56-73 appears on page 154 of Ordinance and Resolution Book 3.
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Copies of the proposed 1973-74 Water and Sewer Department Budget had been
previously distributed to the Board members. City Manager Grimes explained
that due to the emphasis placed upon providing water service to all
residents of Fayetteville these needed improvements were placed ahead of
regularly budgeted projects during the past year; therefore, it became
necessary in this budget to carry many projects forward along with the
necessary construction funds. Mr. Grimes called the Board members' attention
to the budget recommendation for the addition of seven employees within the
Water and Sewer Department along with necessary vehicles and other supportive
equipment. These employees and their proposed responsibilities are as
follows: 1. One utility service representative for the collection of
delinquent accounts; 2. One sewage collection and maintenance superin-
tendent to supervise sewage collection and maintenance division; 3. Three
utility service leadmen (one for lift station maintenance and repair; one
for sewer smoking crew; one for emergency repair crew); 4. One laborer II
for the sewer smoking and repair crew; 5. One warehouse manager's helper
to assist in inventory control at the operations center and at job sites
and to assist in the meter change-out program. The City Manager also noted
the shift in emphasis from capital construction to preventive maintenance
and updating of existing utility systems - primarily sewers and sewage
treatment. Mr. Grimes stated that the sewage collection system has never
had a preventive maintenance program and the entire system is in poor
condition as far as leakage is concerned. Mr. Grimes commented that this
budget proposes the construction of polishing ponds at the Pollution
Control Plant as part of efforts to improve the quality of the effluent
which is discharged into the White River and Beaver Lake. The proposed
budget includes $50,000 for this purpose and it is anticipated that a
$150,000 EPA Grant can be obtained to complete the funding for this project.
City Manager Grimes said that in an additional effort to protect and
enhance the quality of the water in Beaver Lake he recommends that we
pay the salary of a sanitarian whose primary responsibility would be that
of protecting the Beaver Lake Watershed from further pollution as additional
growth occurs. Mr. Grimes said that it is proposed that the other larger
communities which are dependent upon Beaver Lake as a water supply be asked
to furnish an additional sanitarian
Mayor Purdy commented that he sees the necessity for seven additional
employees in the Water and Sewer Department and added that other departments
will also be needing additional employees. Mr. Grimes agreed that other
departments will be needing additional employees and stated that as the
City grows there must be additions to the staff.
Director Noland questioned why the amount budgeted for personnel salaries
in the Transmission and Distribution division had increased while the
number of employees had decreased. Paul Mattke, Water and Sewer Superintendent,
explained that a portion of the amount budgeted for personnel salaries in
that division would be capitalized.
Director Noland referred to page 9 of the proposed budget, Account #6251,
and asked how many feet of televised sewer inspection and grouting services
could be accomplished with the budgeted amount, $40,000. The Water and
Sewer Superintendent estimated that that amount would accomplish about
eight miles of inspections.
In answer to Director Orton's question, Mr. Mattke said that the department
should become familiar with the equipment utilized in the televised sewer
inspection and grouting services before purchasing equipment for the project.
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When the department knows more about the process a decision can be made on
whether or not to purchase the equipment needed for the process or to continue
with the process on a contract basis.
In answer to Director Noland's question, the City Manager explained that the
sanitarian proposed to be employed by the City would be an employee of the
County Sanitarian's staff. The City would have to enter into a contractual
arrangement with the County and have proper reporting to be assured that the
sanitarian employed by the City would indeed be spending his time in the work
outlined by the City.
Several Board members expressed opinions that the present state pollution
control regulations are minimal and that they would prefer more stringent
regulations in this area than have been enacted statewide.
Director Carlson suggested that the County Judge be consulted in an attempt
to get more stringent pollution control regulations enacted for Washington
County and possibly for surrounding counties. Director Carlson also commented
that the County should place an additional sanitarian on the County budget
since this is not really the responsibility of the City.
Director Carlson commented that a depreciation fund for the Water and Sewer
Fund is required by law and the City Water and Sewer Budget has none. The
Water and Sewer Works must be its own self-sustaining operation before any of
its money is used for other purposes, Mrs. Carlson said. If there is a bonded
indebtedness that must be satisfied first. The financial systems for handling
of water and sewer funds are spelled out in the law, Mrs. Carlson stated, and
she added that the City of Fayetteville should begin to meet the requirements
of the law.
City Controller Pat Tobin explained that Resolution No. 7-63 sets forth the
requirements for bond depreciation and surplus funds That resolution
requires that the City maintain $50,000 in a surplus fund. Over the last
few years the City has made investments from the surplus fund, Mr. Tobin
said, and added that the investment portfolio will grow to approximately
$100,000 during this fiscal year. Hopefully the water and sewer fund will
receive $80,000 from investments during the coming year, Mr. Tobin said.
City Manager Grimes reported that the auditors for the City have not indicated
that the City is not in compliance with the state law in its handling of funds.
Mr. Grimes explained that the monies expended for water and sewer maintenance
and improvements could be run through a depreciation fund, "...then we have
gotten to the same place by another route."
Director Carlson commented that she has other questions regarding newly
established superintendent positions, the division of one department into
two - whether this would increase efficiency, the need for another delinquent
account pursuer - whether there is another method of collecting delinquent
accounts without hiring another person, and itemization of membership dues
budgeted. Mrs. Carlson suggested that the Board act on the Water and Sewer
Budget at the next meeting after a better briefing from the Finance Department
and the Water and Sewer Department as to proposed changes in the management of
the departments.
City Attorney Malone read a proposed resolution to authorize the Water and
Sewer Department to continue operations on the present appropriations and
authorized balances of the Water and Sewer Fund until August 7, 1973.
Director Noland 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. 57-73 appears on page 155 of Ordinance and Resolution Book 3.
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*See insert
below.
Mayor Purdy asked that those who have questions regarding the proposed
Water and Sewer Budget get them resolved before the next regular meeting
of the Board.
City Attorney Malone read a proposed ordinance to rezone a 30.31 acre
tract located on the west side of Highway 180 (Johnson Road), and
approximately 1300 feet south of Drake Street; from R-2, Medium Density
Residential District, and I-1, Heavy Commercial and Light Industrial
District, to C-2, Thoroughfare Commercial District. Petitioners are
Mack S. and Susan B. Young. The Youngs propose to use the above described
property for a restaurant.
Charles Davis was present at the meeting to represent the Youngs.
Director Orton asked if the restaurant could be placed in a C-1 zone.
City Attorney Malone replied that that use would be permitted in C-1.*
Director Orton called the Board's attention to the fact that the planning
report contained the following statement: "A restaurant could fall within
this category and if considered as a possible use the whole 30 acres would
not need to be zoned for that purpose." Director Orton also asked about
access and referred to a letter from John White, Vice President of the
College of Agriculture at the University of Arkansas, which stated that
the present access to the above described property could not be used for
any kind of commercial establishment.
Mr. Davis commented that although there has been no dedication of a street
across the farm he felt that the access could be used. Mr. Davis pointed
out that access to the property is also possible from the eastern edge of
the property and also from Drake Road.
In answer to Director Murray's question, E. P. McClelland explained that
water and sewer facilities are available to the site, the lines being
approximately one-fourth mile away. Mr. McClelland said that a lift
station may be necessary to properly serve the property.
There was no one present in the audience to oppose the rezoning petition.
Director Murray moved the rules be suspended and the proposed 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 proposed ordinance
be placed on third and final reading. Director Murray seconded the motion.
Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance the third and final time.
Director Orton suggested that the proposed ordinance be amended to
rezone only the portion needed for restaurant purposes to C-2.
Director Stanton commented that the property floods quite frequently,
therefore there is little chance the property could be used for anything
other than a park or something similar.
Director Orton expressed her opinion that only the amount needed for commer-
cial purposes should be zoned commercial so the present property owners can
do what they want to do with the property and when the property is sold to
another party the City will be safe.
Charles Davis commented that he was unsure of exactly how much property would
be needed for the proposed restaurant and asked that the entire tract be
zoned C-2.
Director Orton moved that the proposed ordinance be amended to rezone the
north 650 feet west of the creek to C-2 and the remainder of the 30.31 acre
tract to A-1. Director Carlson seconded the motion.
*However, if they wanted to serve liquor or have dancing or other entertainment
they would need C-2 zoning.
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Upon roll call the following vote was recorded:
"Ayes" Orton and Carlson.
"Nays" Purdy, Noland, Utley, Murray and Stanton.
There being two "Ayes" and five "Nays" the motion failed.
Mayor Purdy then asked the question, "Shall the Ordinance
Upon roll call the following vote was recorded:
"Ayes" Purdy, Noland, Utley, Murray and Stanton.
"Nays" Orton.
Director Carlson abstained from voting.
There being five "Ayes" and one "Nay" and one abstaining
declared the Ordinance passed.
*Ordinance No. 1924 appears on page 193 of Ordinance and
pass?"
vote, the Mayor
Resolution Book 3.
City Attorney Malone read a proposed resolution to authorize the Mayor and the
City Clerk to execute a contract guaranteeing that the contractor/developer
will install certain improvements (streets) in Bishop Addition located off of
Appleby Road
Director Carlson questioned whether or not the drainage problems had been
resolved and suggested that the plat clearly indicate dedicated right of way
for the future extension of Richwood Street south.
Director Stanton moved this item and the agenda item numbered 6 to accept the
dedication of streets and utilities in the final plat of Bishop Addition
be tabled until the next regular meeting of the Board. Director Orton seconded
the motion.
City Manager Grimes noted that the dedicated right of way is shown on the final
plat for the extension of Richwood Street south in anticipation of a collector
street on the south end and, in answer to Director Carlson's question, stated
that dedicated right of way for a 25 foot street is indicated on the north end
of Richwood Street.
Director Stanton withdrew the motion to table. Director Orton withdrew the
second to the motion.
Director Noland 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. 58-73 appears on page 156 of Ordinance and Resolution Book 3.
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
accept the dedication of streets and utilities and approve the final plat of
Bishop Addition, submitted by Wade Bishop, for property located off of Appleby
Road
Director Murray moved the rules be suspended and the proposed 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 Noland,moved the rules be further suspended and the proposed ordinance
be placed on third and final reading Director Murray seconded the motion.
Upon roll call vote the motion passed unanimously.
City Attorney Malone 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.
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There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance
passed.
*Ordinance No. 1925 appears on page 194 of Ordinance and Resolution Book 3.
City Attorney Malone read a proposed ordinance to close and vacate a portion
of Waunetta Avenue. Petition was filed by Charles C. Banks, Roy C. Guthrie,
and others.
Pete Estes, attorney representing the petitioners, was present at the
meeting to answer questions of the Board. In answer to Director Carlson's
question, Mr. Estes stated that the property would be used by the Sunrise
Manor Nursing Home for parking. Mr. Estes said that the railroad right of
way has also been relinquished to the nursing home for this purpose.
Director Carlson suggested the possibility of extending Garland Street
around the bluff. Mrs. Carlson noted that there is not another north/south
through street around there for miles. Director Carlson suggested that
the possibility of building a street on this right of way be investigated
more closely.
Director Utley moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Murray seconded the motion. Upon roll
call vote the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
City Attorney Malone 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 Utley seconded the motion.
Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
City Attorney Malone read the proposed ordinance the third and final time.
Director Carlson moved that this matter be tabled until the next regular
meeting of the Board and that the Street Superintendent be asked to present
a report regarding this petition. There was no second to the motion.
Mayor Purdy asked the question, "Shall the Ordinance pass?" 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 Ordinance passed.
*Ordinance No. 1926 appears on page 195 of Ordinance and Resolution Book 3.
The next item on the agenda was consideration of the Community Appearance
Committee recommendation regarding the Highway 71 North Beautification Project.
Attached to the agenda was a memorandum from Dwain Goodwin, Chairman of the
Community Appearance Committee containing the recommendation that the $7,000
appropriated for community beautification from the 1973 Revenue Sharing
Budget be approved for the North College Avenue "traffic island" planting
project and that an additional $18,000 be appropriated from the Balance
for Contingency in the 1973 Revenue Sharing Budget for this project to make
up the total cost of the change order. The memorandum further stated,
"This request for funds is predicated upon the receipt of a committment
from the North Fayetteville Businessmen Association for $5,500 for the
purchase of the plantings which is not included in the change order data "
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Director Utley expressed favor of the project but stated that the cost is
"astronomical" in terms of original cost estimates and further stated that his
prime concern is about the maintenance of the traffic islands. Director Utley
reported that the North Fayetteville Businessmen's Association has not addressed
the matter of raising $5,500 for this project.
Eleanor Barnes, a member of the Community Appearance Committee, was present at
the meeting to urge the Board to approve the allocation of funds for this
project.
Director Orton commented that the City has had a Community Appearance Committee
for years and this is the first time something really big has come along that
they can do. Mrs. Orton suggested that perhaps this could be considered an
accumulation of things that have not been done in the past
Dan Flowers, Resident Engineer for the State Highway Department, was present
at the meeting to answer questions of the Board.
Colonel William G Myers expressed concern that some plantings in the traffic
islands might create a traffic hazard Colonel Myers suggested that before any
plantings in the islands are approved, the specific plantings for any location
should be approved by the Police Department and/or the Traffic Department.
Ms. Barnes and Mr. Flowers assured Colonel Myers that trees would be planted
only where recommended by Highway Department design specifications and that
each location will have to be considered on its own merits as far as the type
of plantings are concerned.
The Board discussed at length the possibility of changing the exposed
aggregate concrete to plain concrete to cut the cost of the project. It was
pointed out during the discussion that the completion date of the project
would be delayed if another change order were requested and it is possible
that the State Highway Department will not favor any requested changes at
this point.
Director Carlson commented that any kind of tree within three or four feet
of the highway is a traffic hazard. "This isn't our only chance to have trees.
Every property owner can have trees," Mrs. Carlson said.
City Manager Grimes recommended that the Board approve the Highway 71 North
Beautification Project with plain concrete with the City and the State splitting
the savings, the approval being contingent upon written committment from the
North Fayetteville Businessmen's Association for $5,500 for the plantings and
the maintenance of these traffic islands.
Director Carlson said that the City should pass an ordinance to enforce the
maintenance of the traffic islands.
Director Carlson also commented that she felt that the State Highway Department
should still be expected to contribute $10,000 to the project rather than
splitting the savings realized by changing from exposed aggregate concrete
to plain concrete.
Director Carlson commented that it would be a good idea to paint every entrance
nose a certain color and every exit nose another color.
City Attorney Malone read a proposed resolution authorizing the allocation of
at least $14,000 from the 1973 Revenue Sharing Contingency Fund to be expended
for the Highway 71 North Beautification Project. The proposed resolution also
included the recommendation of the City Manager as stated above.
Director Utley moved the resolution be adopted. Director Murray seconded the
motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" None.
Director Carlson abstained from voting.
There being six "Ayes", no "Nays" and one abstaining vote the Mayor declared
the resolution adopted.
*Resolution No. 59-73 appears on page 157 of Ordinance and Resolution Book 3.
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City Attorney Malone handed to the Board members copies of the Little Rock
Code and the Pine Bluff Code regarding peddlers, solicitors and canvassers.
Mr. Malone asked the Directors to review the material and indicate to the
City Manager any ideas they have regarding this matter. Mr. Malone commented
that he recommends that the Board adopt the ordinance proposed at the
July 3, 1973 meeting.
Mayor Purdy stated that he does not favor requiring registration of
solicitors because that seems to give permission to solicit.
Director Carlson requested that the minutes reflect that the trend of
the Board's discussions is that the Board does not want to change the
present ordinance.
The Directors discussed the possibility of trying to get a test of the
present "Green River Ordinance" so its effectiveness could be decided.
City Attorney Malone advised that no action is necessary at this meeting
if the Directors wish to attempt to get a test of the present ordinance.
It was the will of the Board to make this attempt.
Item Number 11 on the agenda was a request by Charles Woodward for the
transferral of Yellow Cab Company's Certificate of Public Convenience and
Necessity. Mr. Woodward had requested that this item be tabled until the
next regular Board meeting.
Director Utley moved this matter be tabled until the next regular meeting
of the Board. Director Noland seconded the motion. Upon roll call vote
the motion passed unanimously.
Attached to the agenda was a bid tabulation of bids received for Bid
No. 205, Construction and Maintenance Warning Devices, and a memorandum
containing the recommendation that each item be awarded to the low bidder.
Director Carlson moved the City Manager's recommendation be accepted.
Director Utley seconded the motion. Upon roll call vote the motion passed
unanimously.
Attached to the agenda was a memorandum regarding Bid No. 206, Two-way
radios for Water and Sewer, Meter Reading, Traffic, Inspection, and
Buildings and Grounds Departments. The memorandum contained a bid tabula-
tion of bids received and the recommendation as follows: "That eight (8)
two-way radios be purchased from the low bidder, Motorola, Inc. as checked
on the bid tabulation and that $2,054 be budgeted from the Contingency
Balance of the 1972 Revenue Sharing Budget to acquire the radios for the
Traffic, Buildings and Grounds, and Meter Reading vehicles." Four of the
radios were budgeted in the 1972-73 Water and Sewer Budget and one radio
was budgeted for the Inspection Department in the 1973 Revenue Sharing
Budget.
City Attorney Malone read a proposed resolution to authorize the expendi-
ture of $2,054 from the 1972 Revenue Sharing Contingency Balance as outlined
in the City Manager's recommendation.
Director Carlson 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. 60-73 appears on page 158 of Ordinance and Resolution Book 3.
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Attached to the agenda was a memorandum containing a bid tabulation for bids
received for Bid No. 209, Air Conditioning and Heating Units at Central Fire
Station and City Library, and recommendation as follows: "That the bids be
awarded to the low bidders...and that funds be appropriated from the Contingency
Balance of the 19712 Revenue Sharing Budget for replacement of these units in
the total sum of $4,847.00." Purchasing Officer Sturman Mackey explained that
the Police Station air conditioning and heating unit also needs replacement.
The air conditioning and heating units currently used are sealed units and
the replacements will be electric units.
City Attorney Malone read a proposed resolution to authorize the expenditure
of $4,847.00 from the 1972 Revenue Sharing Contingency Balance as outlined in
the City Manager's recommendation.
Director Noland 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. 61-73 appears on page 159 of Ordinance and Resolution Book 3.
City Manager Grimes announced a meeting of the Housing Authority Board on
July 18, 1973.
City Manager Grimes announced that the Housing Authority is planning a trip
to Springfield on July 24 to tour some Urban Renewal projects in the downtown
area. Mr. Grimes asked that any of the Directors who wish to make this trip
contact Mr. Ellis Shelton.
City Manager Grimes reported that an appraisal of the property owned by Cy
Carney, Jr. on Gregg Street has been obtained, the appraised value being
$40,500 for an 80 foot strip across a portion of the property. Mr. Grimes
announced that the City must make an offer to Mr. Carney before August 10,
1973 and if the offer is not accepted the City can then begin condemnation
proceedings. Mr. Grimes reported that $45,000 has been budgeted in anticipation
of having to acquire this property.
City Attorney Malone read a proposed resolution be authorize the condemnation of
the 80 foot strip of property located on Gregg Street.
Director:Carlson•moved:the'resolution be adopted. Director Utley 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 since he owns property adjacent to this
property.
There bei,g six "Ayes", no "Nays" and one abstaining vote the Mayor declared
the resolution adopted.'
*Resolution No. 62-73 appears on page 160 of Ordinance and Resolution Book 3.
City Attorney Malone presented a progress report on the ward reapportionment
matter. Mr. Malone reported that the matter was heard in Circuit Court today
(July 3, 1973) and Circuit Judge Maupin Cummings ruled that the writ of
mandamus should not be granted. A writ.of certiorari has been filed with the
Supreme Court of Arkansas. Mr. Malone estimated that it would take about 70
to 90 days to get a Supreme Court decision on the matter after the case is
lodged.
259
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Director Carlson requested that the City Manager's staff work on the annual
leash law so it will be ready to go before the voters at the next election.
Director Carlson also stated that the City Board should address itself to
some policy regarding the limitation of campaign expenses. Mrs. Carlson
noted that Mrs. Orton had previously suggested that future City elections
be decided on the basis of a majority vote.
Director Stanton presented the Nominating Committee recommendation regarding
Parking Authority membership. Director Stanton moved that Curtis Shipley
be reappointed to the Parking Authority for a five-year term to expire on
June 5, 1978; that James Gibson be appointed to the Parking Authority, his
term to expire on June 5, 1975; that Marcus Walden be appointed to the
Parking Authority, his term to expire on June 5, 1976; that the term of
Dr. Garland Melton, Jr. on the Parking Authority expire on June 5, 1974;
and that the term of John Power on the Parking Authority expire on June 5,
1977. Director Utley seconded the motion. Upon roll call vote the
motion passed unanimously.
Mayor Purdy announced a meeting to be held on Thursday, July 19, 1973 at
4:00 P.M. in the Washington County Courthouse for the purpose of selecting
two members for the County Equalization Board. Mayor Purdy asked that the
Directors attend this meeting if possible.
Director Orton requested more information regarding the duties of the
County Equalization Board. City Attorney Malone advised that the County
Judge would be the best source of information regarding the County
Equalization Board.
There being no further business, Director Orton moved the meeting be
adjourned. Director Utley seconded the motion. The motion passed
unanimously whereupon Mayor Purdy declared the meeting adjourned.
ATTEST:
t/rzi
City jSerk(
260
APPROVED:
Amdel dalizete
Mayor