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HomeMy WebLinkAbout1973-08-07 Minutes-t MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 7, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, August 7, 1973 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald L. Grimes; Administrative Aide David McWethy; City Attorney David Malone; City Clerk Helen Young; and Directors Purdy, Noland, Utley, Murray, Carlson and Stanton. Directors Absent: Orton. Others Present: Representatives of the news media and members of the audience. Minutes of the regular meeting of July 17, 1973 and the special meeting of July 24, 1973 had been distributed to the Board members prior to the meeting. Director Carlson said that the record of her request tib amend the minutes as it appears on page 248 toward the middle of the page still does not express the amendment she was wishing. Mrs. Carlson explained that she thought that the motion was initially made that the Board go on record as stating that at the first meeting subsequent to the final ruling on this issue a vote as to whether or not a special election shall be held would be taken, and if it were determined that a special election shall be }field, a vote would be taken on when such an election shall be held. Then, Mrs. Carlson contended, the motion was changed to read that the subject would be placed on the agenda for the first meeting subse- quent to the final ruling on the issue. Mrs. Carlson explained that she was saying that the Board should not commit themselves to the fact that the Board would announce a vote. Mrs. Carlson's suggestion to amend the minutes was not accepted by the Board at the previous meeting but she requested that her suggested correction be recorded accurately in the minutes. Director Carlson requested that the minutes be amended on page 250 to add the word "through" in the following sentence to make it read as follows: "Director Carlson commented that if there were more wider through streets then traffic could be dispersed among them." Director Carlson requested that the underlined portion be added to the following statement: "Mrs. Carlson suggested that one street which is a little bit wider such as Prospect and could handle more traffic could possibly be found at least every ten blocks in order to disperse the traffic." In the next sentence, Director Carlson contended that Director Utley was speaking of Rebecca Street rather than Prospect Street and she requested that that correction be made in the minutes. Mrs. Carlson said that Prospect Street does go on through now. Director Utley said that the discussion was about the designation as a collector street and that Prospect Street terminates before it gets to Mission because -of the cost of the right-of-way acquisition. Director Carlson requested that the minutes be amended on page 254, paragraph 2, to state: "City Attorney Malone replied that that use would be permitted in C-2." City Attorney Malone explained that he had said that restaurants are permitted in C-1, however, if they wanted to serve liquor or have -dancing or other entertainment they would need C-2 zoning. There being no further corrections or additions to the minutes, the minutes of the July 17, 1973 meeting were approved as amended, and the minutes of the July 24, 1973 meeting were approved as mailed. 263 1973-74 WATER AND SEWER BUDGET Mayor Purdy asked for discussion from the Board members regarding the 1973-74 Water and Sewer Department Budget. Director Murray's motion to approve the 1973-74 Water and Sewer Department Budget was interrupted by Tom Lavender who had some questions regarding rural water development and a sewer extension project on North Sang which appeared in the Water and Sewer Budget for the 1972-73 fiscal year. Mr Lavender asked if there is anything in the proposed budget for rural water development. City Manager Grimes replied that some water lines proposed in this budget will connect with rural lines but there are no proposed allocations for rural water lines in the proposed budget. Mr. Lavender also asked whether the Water and Sewer Budget for 1972-73 included the North Sang sewer extension project and how the fact that the sewer line runs across private property and "ends up at a man's house" could be justified. Mr. Lavender contended that the extra 250 feet of sewer line beyond the end of the public street was for the personal benefit of one person and he felt it was discriminatory. City Manager Grimes stated that the City does not make a policy of laying water and sewer lines to serve individual properties. Director Carlson said that the sewer line went beyond the end of Sang Avenue as far north as it could go to serve anybody feasible until, by contour of the land, it could go no further. Tom Lavender said that if the $1600 for the extra footage of sewer line were included in the budget someone should have to pay it back. Mr. Lavender also questioned the expenditure of monies for an eight -inch water line which is one mile long, 0.7 mile of which is on private property. Mr. Lavender said there is no chance of more than two customers on this line and he felt that if the City could spend money for projects like that the City could afford to flush a line which dead ends and is a health hazard. Mr. Lavender said that if the City does nothing about it he will contact the State Health Department regarding the situation. City Manager Grimes said that there are several dead end lines in the City. In this proposed budget, Mr. Grimes explained, the City is looking to the extension of the total water and sewer system, rural water service, and a committment made by the Board to get water to every citizen in the City of Fayetteville. Mr. Grimes also explained that the reasoning behind placing the water and sewer lines on private property was that the lines would have to be relocated when a street were widened if they were placed in the street right-of-way. Director Murray explained that the Highway 265 project was not a mistake, that much planning went into the project, and that the line would serve many people in time. Director Noland asked Mr. Lavender if he would be willing to put his comments and questions in writing and the City Manager will be asked to investigate the matters. Mr. Lavender indicated that he would do so. City Attorney Malone read a proposed resolution for the adoption of the 1973-74 Water and Sewer Budget. Director Murray moved the resolution be adopted. Director Stanton seconded the motion. Director Carlson moved that the proposed 1973-74 Water and Sewer Budget be amended to reconsolidate the personnel listings for the 5700 and 6200 Fund Details and change "Sewage Collection and Maintenance Superintendent" to "Assistant Superintendent for Sewage Collection and Maintenance". Mrs. Carlson expressed opposition to the creation of a $9,726 new superintendent job and proposed that a $7,000+ Assistant Superintendent's job be created for the new section for sewer repair and maintenance because of the supervisory responsibilities involved. City Manager Grimes explained that maintenance of the sewage system is new and an experienced person is needed to supervise the division. A person within the Water and Sewer Department who is qualified and has been proposed to take this position would be taking a cut in salary if Mrs. Carlson's proposal were accepted, Mr. Grimes said. Mrs. Carlson said 264 1 that she did not propose a cut in pay for the person who filled the position, but rather that the person be given a five percent increase in salary. Director Stanton said that he felt that the Board should set the policies for the City and let the City Manager run the day to day operation of the City departments. Mr. Stanton said that unless there is something way out of line the Board should go along with the City Manager's recommendation. Director Carlson said that the proposal as contained in the proposed budget is, in her opinion, bad management policy and she is making the motion in the interest of policy. There was no second to the motion. Director Carlson moved that the proposed 1973-74 Water and Sewer Budget be amended by the deletion of the proposed additional Utility Service Representative and the $3600 service truck to be purchased for his use in "working delinquent accounts". Mrs. Carlson suggested as an alternative that delinquent notices be mailed followed by cut-off for non-payment. Other managerial improvements should also be considered, Mrs. Carlson said, such as an increase in meter deposits coupled with city assumption of interest liability thereon and the levy of a cut -on fee but not a cut-off fee. City Manager Grimes explained that the City is doing most of the things Mrs. Carlson suggested at this time. The problem, Mr. Grimes said, is that the department lacks sufficient personnel to cut off water when the department threatens that action. There was no second to the motion. Director Carlson moved that the proposed 1973-74 Water and Sewer Budget be amended by transferring funds for "Land Agents (Part Time @$4.22 hour) $12,800" to the City's General Fund for use in the City Attorney's office. Mrs. Carlson explained that the duties of land agents are compatible to the City Attorney's office and could be more effectively supervised and managed from that office. Mrs. Carlson further suggested that a new graduate from law school could be employed and extra benefits enure to the City during the time he would not be searching for land ownerships and negotiating for rights-of-way. Director Carlson said there are many wasted motions made in the present method of acquiring rights-of-way and that the land agent should find out who owns the property where right-of-way is needed and then a letter could be written to the property owner asking him to contact the land agent regarding the right- of-way acquisition. City Attorney Malone stated that Ed Connell, the land agent, is very capable and it would be a mistake to replace Mr. Connell as he had done this for a number of years and knew from personal knowledge what it would take a law graduate many weeks to research regarding current ownership. There was no second to the motion. Director Carlson moved that the proposed 1973-74 Water and Sewer Budget be amended by including under "Revenue and Expenditure Summary" the unexpended balance of 1972-73 Operating and Maintenance Fund to be placed in a reserve fund as required by state statute. City Manager Grimes stated that the state statutes regarding the use of water and sewer funds are permissive, rather than requiring that this be done. Mr. Grimes added that he feels that the Water and Sewer Fund is in good shape and that if the City maintains its water and sewer system all along it is not necessary to set up a vast depreciation fund. The City Manager commented that this year the City is faced with a $160,000 expendi- ture for the relocation of the water line along Highway 71 South and if this expenditure had not been necessary he probably would have recommended that the unexpended balance of the 1972-73 Operating and Maintenance Fund be placed in a reserve fund. Mrs. Carlson noted that the City's bond total and depreciated value have increased many fold since the City's bond contract was written to cover the 1963 refunding bonds and that the 1973 audit indicates $4 million depreciation against a $17 million plant. There was no second to the motion. 265 Director Carlson also noted that in the Water and Sewer Operating and Maintenance Fund the operating costs are increasing far more rapidly than the revenues. 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" Carlson. There being five "Ayes" and one "Nay" the Mayor declared the resolution adopted. *Resolution No. 64-73 appears on page 162 of Ordinance and Resolution Book 3. REZONING - FAYE COSGROVE SMITH City Attorney Malone read a proposed ordinance to rezone property (0.6 acre tract) located at 103 Florene Street, from A-1, Agricultural District, to R-2, Medium Density Residential District. Petitioner is Faye Cosgrove Smith. There was no one present in the audience to speak in favor of or in opposition to the proposed rezoning. 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" Purdy, Noland, Utley, Murray and Stanton. "Nays" None. Director Carlson abstained from voting. There being five "Ayes", no "Nays", and one abstaining vote, the Mayor declared the Ordinance passed. *Ordinance No. 1927 appears on page 197 of Ordinance and Resolution Book 3. REZONING APPEAL - CARL DUNCAN The next item on the agenda was consideration of an appeal of the Planning Commission decision to deny a request to rezone a 0.5 acre tract located on the north side of Highway 16 East and east of Hinkle Mobile Home Park, from C-1, Neighborhood Commercial District, to C-2, Thoroughfare Commercial District. Petitioner is Carl Duncan. There were no comments from the audience regarding this matter. Walter Niblock, attorney for the petitioner, had submitted an appeal to the Planning Commission's recommendation, but Mr. Niblock was not present at the Board meeting. Director Carlson moved that the request for rezoning be denied. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. TRANSFERRAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - CHARLES WOODWARD Attached to the agenda was an application for Certificate of Public Convenience and Necessity submitted by Mr. Charles Woodward. Mr. Woodward had requested the transfer of Yellow Cab Company's Certificate of Public Convenience and Necessity. Mr. Woodward was not present at the meeting. 266 1 Director Carlson commented that the financial report presented in the application does not reveal the financial status of the Yellow Cab Company and she said she felt that the Board should be acquainted with the financial status of Yellow Cab Company before approving the transfer of the certificate. City Attorney Malone advised that he did not feel that the Board could base a judgment on the application and financial report as presented. Mr. Malone said he would inform Mr. Woodward as to what information the Board would need to make a decision on the matter. Director Utley moved that no action be taken on this matter because of the lack of sufficient data. Director Noland seconded the motion. City Manager Grimes stated that he did not feel that it is the responsibility of the City staff to lead Mr. Woodward through this transferral of the certificate. Director Utley agreed and withdrew his motion that no action be taken. Director Noland withdrew his second to the motion. Director Carlson moved that the request for the transfer of Yellow Cab Company's Certificate of Public Convenience and Necessity be denied because of the lack of sufficient information on which to base a decision. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. HEARING REGARDING PORNOGRAPHY REQUESTED BY CARTER PRICE The next item on the agenda was a request for a hearing by Mr. Carter Price for the purpose of proposing the adoption of ''an ordinance to prohibit the sale of pornography or pornographic literature or the public showing of pornographic films in movie theaters." Mr. Price was not present at the meeting when this item was considered and it was the will of the Board to move on to the next agenda item and that no action be taken on this matter. CONTRACT FOR IMPROVEMENTS IN LARGE SCALE DEVELOPMENT PLAN - HATFIELD PONTIAC/CADILLAC City Attorney Malone read a proposed resolution authorizing the Mayor and the City Clerk to execute a contract guaranteeing that the contractor/developer will install certain improvements (streets) in the Large Scale Development Plan submitted by Hatfield Pontiac and Cadillac for property located on the southwest corner of Highway 112 and Highway 71, a controlled access highway. Director Stanton moved the resolution be adopted. Director Noland seconded the motion. Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 65-73 appears on page 163 of Ordinance and Resolution Book 3. DEDICATION OF STREETS AND UTILITIES IN LARGE SCALE DEVELOPMENT PLAN - HATFIELD PONTIAC/CADILLAC City Attorney Malone advised that Agenda Item #9, an ordinance accepting the dedication of streets and utilities in the Large Scale Development Plan submitted by Hatfield Pontiac and Cadillac be tabled until the contract guaranteeing certain improvements in the Large Scale Development Plan is signed. Director Stanton moved that the ordinance accepting the dedication of streets and utilities in the Large Scale Development Plan submitted by Hatfield 'Pontiac and Cadillac be tabled until the contract guaranteeing certain improvements in said plan is signed. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. 267 CONTRACT FOR IMPROVEMENTS IN LARGE SCALE DEVELOPMENT PLAN - KIRK McCLELLAND Item #10 on the agenda was consideration of a res6lution authorizing the Mayor and City Clerk to execute a contract guaranteeing that the contractor/ developer will install certain improvements (streets) in the Large Scale Development Plan submitted by Kirk McClelland for "Grandma's Steakhouse" to be located west of Johnson Road between Drake Street and Township Road. Item #11 on the agenda was consideration of an ordinance accepting the dedication of streets and utilities in the Large Scale Development Plan for "Grandma's Steakhouse". City Manager Grimes reported that he had received a request from Mr. McClelland that Items #10 and #11 be tabled. Director Stanton moved that Items #10 and #11 be tabled until the applicant requests that the items be placed on the agenda. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. BRIDGE BETWEEN BROOKSIDE EAST AND AZALEA TERRACE SUBDIVISIONS The next item on the agenda was consideration of a request by the City Manager for authorization to budget the cost of a bridge (in the proposed Brookside East and Azalea Terrace subdivisions) in the Public Works section of the 1974 General Fund Budget. City Manager Grimes explained that the developers of the Brookside East and Azalea Terrace subdivisions have indicated that they will build a street connecting the two subdivisions if the City will build a bridge over a creek which runs between the two subdivisions. The estimated cost of the double - bay concrete box culvert bridge would be approximately $28,000. Mr. Grimes added that the area is a rapidly developing area where there is no other crossing. Mr. Grimes said that he felt that there would be much public usage of a bridge there and that he felt that it is a public obligation to install a bridge over the creek. The City Manager reported that the Fire Chief agrees that the proposed location of the bridge is an appropriate one and would facilitate access from the #4 fire station. Director Noland asked what the timetable for the construction of the bridge would be. Mr. Grimes replied that, as stated in the letter from Brookside, Inc. dated 7/25/73, construction of the bridge would not be required until the development of Brookside East Addition is begun which is planned for late 1974 or early 1975. Director Stanton asked if the street to Crossover Road would be developed at some future time. Mr. Grimes replied that at the present time the through street will tie in to Winwood Subdivision on the south which will permit access to Highway 45. Director Carlson asked whether McGoodwin, Williams and Yates Consulting Engineers had been employed to make a preliminary design and cost estimate for the construction of the proposed bridge and whether the City would have to pay the engineering fee. Mr. Grimes replied that he had asked McGoodwin, Williams and Yates Consulting Engineers to prepare a cost estimate and that perhaps there would be a small fee for the service. Director Carlson stated that she feels that it is the responsibility of the property owner to pay for this. Mrs. Carlson added that there is only one property owner involved in this matter and she does not feel it is the City prerogative to build a bridge as part of the street. Mrs. Carlson also commented that the City crews who put hot asphalt on the streets should be furnished with special boots to wear. 268 1 Director Carlson moved that the request for authorization to budget the cost of the bridge between Brookside East and Azalea Terrace subdivisions be denied. Director Utley stated that he is inclined to agree but, "...we are trying to get interconnecting streets in the City and it seems this might be a fairly reasonable method of extending the street system." Director Carlson said, "That is why we have the Planning Commission, to be sure that the subdivisions tie together." Director Murray commented that the Board did approve the plat for the subdivi- sions and, "...it appears that the real benefit will be getting the fire equipment out to this area that is difficult to serve at this time." City Manager Grimes said that subdividers will design a subdivision to avoid building a bridge because the subdivisions in this area are small and cannot afford to pay for the construction of a bridge. Director Carlson reiterated that the Planning Commission and Plat Review Board are responsible for reviewing subdivision plats and the plat should have been been denied if it were not acceptable to the City. Director Utley pointed out that either of the two subdivisions involved in this question is acceptable to the City without crossing the creek. Director Utley questioned whether a bridge would be justifiably valuable to the people of Fayetteville. Director Stanton moved that this item and the following agenda item, consideration of a resolution authorizing the execution of a contract guaranteeing that the contractor/developer will build the connecting street if the City constructs the bridge, be tabled until the next regular Board meeting. Director Carlson seconded the motion. Upon roll call vote the motion passed unanimously. SAFETY IMPROVEMENTS ON HIGHWAY 71 NORTH AT SHOPPING CENTER ENTRANCE City Manager Grimes made a report on the recommendations which resulted from a meeting of State, County, and City officials and representatives of the Northwest Arkansas Plaza regarding methods of reducing the incidence of traffic accidents in the area of the Northwest Arkansas Plaza entrance. The recommendations and estimated costs are as follows: (1) Acquire frontage road right-of-way for the west frontage road between the Plaza and Nelson's Funeral Home: $25,000; (2) Extension of the west frontage road between the Plaza and Nelson's Funeral Home: $10,000; (3) Installation of a traffic control light at the Highway 71/Stearns Road intersection near the entrance to Nelson's and the Ramada Inn: $15,000; and (4) Installation of flashing beacons at both the north Plaza entrance (Zion Road/Highway 71 North) and at the south access point (Shepard Lane/Highway 71 North). $10,000. Mr. Grimes said that his recommendation was that an overpass be built but that recommendation was rejected by the group because of financial limitations. It was the recommendation of the group that the County, the City, and the Northwest Arkansas Plaza participate in the cost of the improvements, each paying one-third of the total cost of the improvements. The total cost of the improvements is estimated to be $60,000. Mr. Grimes said that the flashing beacons can be installed as soon as the material arrives, but that the signal light could not be installed until the Highway Department traffic count justified the issuance of a permit. Some Board members questioned the fact that the State Highway Department is not participating in the cost of the improvements. City Manager Grimes stated that 269 the Highway Department has been asked to participate but they are unwilling to do so and the City cannot force the Highway Department to participate. Dr. Garland Melton said that the people should "...stick to it until an overpass is built." A member of the audience said that he did not see the point in "...spending bad money. Let's do it right and get it over with." Duane Nelson was present at the meeting to offer to donate to the City the 60 feet of right-of-way between Nelson Funeral Home and Ramada Inn back to the sanitary sewer line. At that point, Mr. Nelson said, he would donate right- of-way north to the property line which adjoins the Plaza. Mr. Nelson said that he felt this would bring a little more control of the traffic if a roadway were built on the right-of-way described above, as well as eliminating a stack-up problem. Mr. Nelson said that he did not feel said roadway would be a speedway as it would if the west frontage road were opened directly north. The City Manager and City Attorney said that the possibility of an access road behind Nelson's Funeral Home had been explored and the Plaza was unwilling to participate in the cost of developing the road. The City Manager estimated that the cost of developing a roadway behind Nelson's would be $75,000. Director Noland moved that a resolution be adopted to authorize the City's financial participation in the installation of traffic signals at Highway 71B and Stearns Road and in the installation of flashing beacons, contingent upon the receipt of written committments from the County and the Northwest Arkansas Plaza for the payment of the remaining two-thirds of the cost of said improvements. Director Carlson seconded the motion. Director Carlson commented that she felt that the City should continue to urge the State Highway Department to construct this as a safe highway. Mayor Purdy said, "We haven't gone far enough with it." Upon roll call on the motion to adopt a resolution, the following vote was recorded: "Ayes" Noland, Utley, Murray, Carlson and Stanton. "Nays" Purdy. There being five "Ayes" and one "Nay" the Mayor declared the resolution adopted. *Resolution No. 66-73 appears on page 164 of Ordinance and Resolution Book 3 Director Noland moved that the City Manager be authorized to negotiate with the parties involved in the development of an access road to the Plaza at the rear of Nelson Funeral Home. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. RECOMMENDATIONS REGARDING CITY "PARKING LOT ##1" Garland Melton, Jr., Chairman of the Municipal Parking Authority, was present at the meeting to ask that Item N15 on the agenda, consideration of recommenda- tions made regarding the use of City "Parking Lot #1" located on Church Avenue between Center Street and Mountain Street, be deferred until the next regular meeting of the Board or the following meeting when the Municipal Parking Authority will have a full report to present. Director Carlson stated that when the Parking Authority wishes to make a recommendation it can be considered by the Board, but meanwhile she does not feel that the City should spend money and get nothing for it. Mrs. Carlson requested that her recommendations regarding the use of Parking Lot #1 be considered at this meeting. 270 1 Director Stanton moved that this item be tabled until the Parking Authority prepares a recommendation for the consideration of the Board. Director Noland seconded the motion. Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray and Stanton. "Nays" Carlson. There being five "Ayes" and one "Nay" the Mayor declared the motion passed. REMOVAL OF HAY FROM OPEN PORTIONS OF LAKE FAYETTEVILLE PROPERTY City Manager Grimes reported that recently he has had requests from persons who are interested in cutting the hay from open portions of the Lake Fayetteville property. Mr. Grimes recommended that the City advertise for bids for the removal of hay from open portions of the Lake Fayetteville property for a one- year contract for this fall. Mr. Grimes said that he felt that the meadow areas would be more attractive and more useful to the public if they were mowed. Mr. Grimes also stated that before advertising for bids the City staff will contact the people who will be involved in the nature study areas about the specific locations proposed to be mowed. The City Manager explained that after this year the matter can be considered again to determine if the mowing should be done on a continuing basis Director Carlson commented that since some ground cover is needed for small animals, the area should not be mowed clean. Director Noland moved that the City Manager be authorized to advertise for bids for the removal of hay from open portions of the Lake Fayetteville property. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. DEVELOPMENT PLAN OF THE UNIVERSITY OF ARKANSAS Item #17 on the agenda was consideration of a resolution approving the development plan of the University of Arkansas. City Manager Grimes reported that this matter should have been consummated in 1970 when the Planning Commission approved the plan but it was not, and now the action is being required of the City (through the Urban Renewal Office) by the regulations of the Department of Housing and Urban Development. Mr. Grimes reported that the development plan of the University of Arkansas and the City's plans are compatible enough so that on a long-term basis necessary adjustments can be made. A copy of the development plan for the University of Arkansas was attached to the agenda of the Directors. Fred Vorsanger of the University of Arkansas was present at the meeting. Dr. Vorsanger said that the University of Arkansas follows the plan and, " as far as the University is concerned we don't care whether you approve it or not," as the University is not bound by City regulations. Dave Faught, Director of the Urban Renewal Office in Fayetteville, explained that it is necessary that the Board adopt the proposed resolution in order to take advantage of the previous land acquisition program by the University of Arkansas to offset the one-fourth share of the cost of the total project which is in excess of $1,350,000. Mr. Faught explained that HUD does not require that the City approve or endorse the University's Master Plan, but only that the City indicate that there are no areas of major conflict or areas of major disagreement between the plans of the City and the plans of the University. Director Carlson expressed her concern about this matter because, "...I don't think everything we need to know is before us. It is required under HUD's regulation that these things do exist and are not just a piece of paper." Mrs. Carlson read from Planning Commission minutes dated in 1970 which indicated that 271 1 the report prepared by Hamilton -Butt Associates had never been adopted by the Board of Trustees of the University and that the University has no Master Plan. Director Carlson said, "I am not going to sign off on something that I don't know what is involved." Dr. Vorsanger said that indeed there is a Master Plan for the University and the Board of Trustees has adopted it and follows it. Director Utley moved that the proposed resolution be amended as follows: (1) In the fifth "Whereas" clause add the phrase "at that time" to make the statement read: "Whereas, the Planning Commission, by Resolution P.C. 23-70, dated December 1, 1970, found that the planning of the University and the comprehensive development plan of the City of Fayetteville, Arkansas, were not in conflict at that time." (2) In Section 2. to add the phrase "or the City of Fayetteville's" to make the statement read: "The determinations contained herein shall not be construed to limit the University's or the City of Fayetteville's authority to revise, amend or in any other way alter, its development plans with regard to the expansion and growth of the University or the City of Fayetteville." Dr. Vorsanger, Mr. Faught, and City Attorney Malone stated that they saw no problem in so amending the proposed resolution. City Attorney Malone read the proposed resolution as amended. Director Noland moved that the proposed resolution as amended be adopted. Director Stanton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray and Stanton. "Nays" None. Director Carlson abstained from voting. There being five "Ayes" and no "Nays" and one abstaining vote, the Mayor declared the resolution adopted. *Resolution No. 67-73 appears on pages 165 and 166 of Ordinance and Resolution Book 3. DEDICATION OF RIGHT-OF-WAY ALONG HIGHWAY 265 TO STATE HIGHWAY DEPARTMENT City Attorney Malone announced that Agenda Item #18, consideration of a resolution authorizing the Mayor and the City Clerk to sign a petition con- firming the dedication of right-of-way along Highway 265 to the Arkansas State Highway Department, was unnecessary since the matter was consummated in December, 1972. No action was taken on the matter at this meeting. PURCHASING ITEMS DEFERRED TEMPORARILY Mayor Purdy suggested. that Item #19 on the agenda, purchasing items, be deferred temporarily and that Items #20 through #23 regarding Water and Sewer System Improvement Projects, Growth Area Water System Project, Advertising for Sale of Revenue Bonds, and Water Purchase Contracts be considered as the next items of business. Director Carlson had expressed a desire earlier in the meeting to consider Items #20 through #23 at an adjourned meeting to be held on Wednesday, August 8, at 7:30 P.M. Mayor Purdy called for a vote of "continue with tonight's meeting to consider the above mentioned items" or "meet in adjourned session Wednesday night". The following vote was recorded: "Continue": Purdy, Noland, Utley, Murray and Stanton. "Tomorrow": Carlson. It was the will of the Board to consider Items #20 through #23 as the next items of business and defer the purchasing items temporarily. 272 City Manager Grimes announced that Carter having arrived after the Board had passed Grimes suggested that Mr. Price's request for the next regular meeting of the Board. Price was present at the meeting, over his request for a hearing. Mr. for a hearing be placed on the agenda It was the will of the Board to do so. WATER F, SEWER SYSTEM IMPROVEMENT PROJECTS WITHIN THE CITY LIMITS Carl Yates, Consulting Engineer, summarized the proposed water and sewer system improvement projects to be constructed within the Fayetteville city limits as follows: Water: Completion of a loop around the city Construction of a 12" line along Crossover Road Construction of two four -million gallon water tanks Sewer: Extension of service to Highway 62 West area, Mt. Comfort area and Baldwin area Construction of a sewer line in the southern part of the city. Mr. Yates reported that applications for grants have been approved by the Environmental Protection Agency and Housing and Urban Development for financial assistance in the proposed improvement projects. Mr. Yates said that the total estimated project cost to the City of Fayetteville will be $2,100,000 which includes a $183,000 contingency. Mr. Yates explained that the contractors are still overloaded from last season and it is very difficult to estimate the cost of these projects. Director Noland asked how many people in the city limits would still be without water and sewer service after the proposed projects are finished. City Engineer Mattke said that basically this is a trunkline and the City will have the capability with these facilities of extending the system to reach all customers as it is feasible to do so. Director Utley commented that pumping has always been done to the east "If we go to the Illinois Rivershed, do we have to turn around and start pumping west?" Director Utley asked. Carl Yates replied that that would not be necessary. Director Stanton moved that the proposed water and sewer system improvement projects to be constructed within the Fayetteville city limits as outlined by Carl Yates be approved; that the City Manager be authorized to consult with the bond agent and ask the bond agent to prepare a proposed revenue bond package to be considered by the Board Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. • GROWTH AREA WATER SYSTEM PROJECT City Manager Grimes presented information regarding the proposed growth area water system project. Mr. Grimes reported that the proposed development to the east would serve approximately 700 customers; the proposed development to the west would serve approximately 450 customers. City Engineer Paul Mattke itemized the proposed projects for the east and west growth areas and presented an estimate that the cost of the proposed pro- jects for the east and west growth areas is $2,3671000. Director Stanton moved that the proposed growth area water system project as outlined by City Engineer Paul Mattke be approved; that the City Manager be authorized to consult with the bond agent and ask the bond agent to prepare a proposed revenue bond package to be considered by the Board. Director Carlson commented that she did not feel that the Board of Directors should commit themselves to bonds for financing improvements when they do not know the size, cost, contemplated revenue and rates. "When we bond ourselves for our internal improvements, we will have reached the hilt," Mrs. Carlson said. Mrs. Carlson added that she did not feel it was fair to make the potential cus- tomers in the growth area wait for water service while the City goes into the 273 water district business and sets up financial arrangements for water districts. Director Utley stated that Mrs. Carlson's comments are not new to the Board, that the comments have been brought up before in public meetings. Director Utley said, "It is only logical that we have some control over the water system that is put into the area that in the future will come into the City if they wish to come into the City." Other Directors stated that the City has made a committment to provide water service to the growth area. A person in the audience commented that he felt that there had been a lack of communication between the City and the persons living in the growth area. "If you find it is not feasible I wish you would release us back to the rural water district. We want water out there. We would have had water a year ago," the unidentified person in the audience said. Director Carlson expressed opposition to the fact that persons residing in the growth area will have no voice in the governing of the water district and questioned the advisability of the City's committing money for laying water lines outside the City limits. Director Utley seconded the motion made by Director Stanton. Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray and Stanton. "Nays" Carlson. There being five "Ayes" and one "Nay" the Mayor declared the motion passed. POLLUTION CONTROL PLANT ADDITIONS - ADVERTISING FOR SALE OF REVENUE BONDS Item #22 was consideration of approval of the advertising for sale of revenue bonds to finance the local share of needed Pollution Control Plant additions, consisting of additional clarifiers, emergency power generating equipment, and solids disposal facilities. City Manager Grimes recommended that at this time the cost of solid waste disposal facilities not be included in a bond package. Mr. Grimes explained that he felt that it would be to the City's benefit to wait on making a decision on the kind of solid waste disposal to use since there are so many new developments coming out now. Mr. Grimes added that hopefully the sanitary landfill contract can be extended for one more year. Several Directors expressed concurrence with Mr. Grimes' recommendation. City Engineer Paul Mattke was present at the meeting, however, he could not provide the estimated cost figures for the additional clarifiers and the emergency power generating equipment. City Manager Grimes reported that the cost estimate would be one-fourth of $1,003,000 less the estimated cost of the solid waste disposal facilities. Director Carlson moved that the City Manager be authorized to consult with the bond agent and ask the bond agent to prepare a proposed revenue bond package to be considered by the Board for the financing of the proposed Pollution Control Plant additions, consisting of additional clarifiers and emergency power generating equipment. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously WATER PURCHASE CONTRACTS BETWEEN CITY AND RURAL WATER DISTRICTS City Manager Grimes handed to the Board copies of the proposed water purchase contracts between the City and rural water districts. Colonel Ralph Phelps commented that all boundaries for the rural water districts are rivers except one dividing line which is Highway 71. Colonel Phelps questioned why Highway 71 was chosen as the boundary line and stated that he seemed to have been discriminated against in this matter, since he lives west of Highway 71 South and east of the west fork of White River. 274 1 Lee Taylor stated that the natural boundary is the west fork of White River. Carl Yates commented that if there are people on the other side of the highway from the boundary who need water that he feels certain that those persons could be served. Director Murray said that it is not the responsibility of the City of Fayetteville to set the boundaries and that that matter should be worked out between the water districts. Director Carlson moved that the portion of the boundary line which follows Highway 71 South be changed to conform with the west fork of the White River. After some debate on the matter, there was no second to the motion. Lee Taylor requested that the proposed water purchase contract be amended to change the wording in Section C-2 from "proposes to serve" to "may serve". City Attorney Malone advised that he did not think that that phrase commits the water district to serve the entire area with Fayetteville water. City Manager Grimes suggested that if the White River Rural Water District is going to have several sources of supply that the City is entitled to a service area map from the water district. Mr. Taylor said that the water district will be happy to provide a map showing the area the water district proposes to serve off the Fayetteville water system. Director Noland moved that approval of the White River Water District purchase contract be tabled until the next regular meeting of the Board and that the City Manager or the Water and Sewer Committee meet with water district repre- sentatives to resolve the matter of boundaries of the district. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney Malone read a proposed resolution to authorize the Mayor and the City Clerk to execute a proposed contract with RDA (Rural Development Authority) contingent upon the final approval of the growth area projects by the Board of Directors,, removing from the contract the portion of the service area north of the West Pork improvement district, west of Highway 71 and east of the west fork of White River between the west fork of White River and Highway 71. Director Noland moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 68-73 appears on page 167 of Ordinance and Resolution Book 3. PURCHASING ITEMS Attached to the agenda was Administrative Memorandum No. 262 regarding Bid No. 208, concrete pipe, concrete tees, and corrugated metal pipe. The City Manager's recommendation was as follows: 1. That the bid for concrete tile be awarded to K. R. Bartholomew for a six-month contract to begin August 7, 1973. Bartholomew is the low bidder after computing the 5 percent discount when payment is made by the tenth of the following month. 2. That the bid for concrete tees be awarded to Shearman Concrete Pipe Company for a six-month contract to begin August 7, 1973. Shearman is the low bidder. Concrete tile and tees will be re -bid after expiration of these contracts. Most bidders were reluctant to provide competitive 12 -month con- tracts due to uncertainty about freight. 3. That the bid for corrugated metal pipe be awarded to Armco Steel Corporation of Little Rock for a 12 -month contract to begin August 7, 1973. A very small amount of this item will be purchased. 275 City Manager Grimes explained that Choctaw, Inc. was the low bidder for some items of corrugated metal pipe, however, their bid was an all or none bid. 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 Administrative Memorandum No. 263 regarding Bid No. 212 and 212-A for tractors with mowers. The City Manager's recommendation was as follows: That Item 1, Industrial Tractor with hydraulic highway extension type rotary and sickle bar mower, be awarded to Bell International, the only bidder, in the amount of $13,832.00. That the bid of Lincoln Supply Company be rejected because the unit bid does not meet bid specifications for the following items: 1. Ball type bearings for each wheel 2. Individually controlled braking for the rear wheels and separate parking brake from the transmission lever 3. 54" wide rear and front blades 4. 1,000 pound capacity dump cart. That Items 2 through 5 be awarded to Reed and Griffith (Raymo, Inc.), the low bidder meeting specifications, in the amount of $3,650.77. It is proposed to purchase the two smaller tractor -mowers from 1972 Revenue Sharing Funds left over after the purchase of two tractors for right-of-way mowing, and one brush truck. $19,000 was appropriated and $15,022 has been expended for these items. Director Carlson moved the City Manager's recommendation be accepted. Director Murray seconded the mtoion. Upon roll call vote the motion passed unanimously. Attached to the agenda was Administrative Memorandum No. 265 regarding quotation bids for traffic control equipment for signal lights at Rolling Hills Drive and Highway 718. The City Manager's recommendation was that the Board waive the competitive bidding requirements as provided by Section 2-65 of the Code of Ordinances and that the equipment be purchased from the low bidder for each item except the mounting brackets. The State Highway Department recommends award to VePed on the mounting brackets because the type of bracket bid by VePed provides for easier adjustment of the signal heads both vertically and horizontally. The reasoning behind the City Manager's request that the formal bidding procedures be waived is that due to the unusually heavy demand for traffic signal equipment by cities across the nation, vendors are indicating lengthy delivery time for this type of equipment and any further delay in issuing a purchase order for this equipment could result in further extending the time of delivery. Director Utley moved the City Manager's recommendation be accepted. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. Attached to the agenda was Administrative Memorandum No. 264 regarding Bid No. 210, .38 Special Mid -Range Ammunition. The City Manager's recom- mendation was that the bid be awarded to Star Reloading Company, the low bidder, for 30,000 rounds of ammunition as specified in the amount of $1,338.60. The purchase of the ammunition will be made directly from the federal grant (Crime Commission Grant No. 72-190). Director Stanton moved the City Manager's recommendation be accepted. Director Carlson seconded the motion. Upon roll call vote the motion passed unanimously. 276 CIVILIAN PENSION FUND AUDIT City Manager Grimes reported that he had received a memorandum from the City Controller concerning the auditing of the pension fund for civilian employees. Mr. Grimes said that it is his recommendation that the fund be audited. Director Stanton moved that the City Manager be authorized to select an auditing firm for the purpose of auditing the City's civilian pension funds and that quotes for the audit be brought to the Board when the quotations are available. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. RE -PLATTING INDUSTRIAL PARK - BILL FOR ENGINEERING SERVICES City Manager Grimes reported that he had received a request for payment of $2500 from McClelland Engineers for the re -platting of the Industrial Park done in March, 1973. The City Manager explained that the re -platting was necessary when some of the Industrial Park property was sold in March, 1973 and there was never any specific authorization for the re -platting. City Attorney Malone explained that McClelland Engineers had originally been hired to do work pertaining to the Industrial Park -as part of the grant. Mr. McClelland feels that this re -platting was additional work other than what he did under the grant. Director Carlson asked why the re -platting was necessary and stated that if the original plat were defective a re -plat should be at the expense of the engineer. City Manager Grimes said that he would get more details on this matter and bring it back to the Board at a later date There being no further business, Director Utley moved the meeting be adjourned. Director Noland seconded the motion The motion passed unanimously whereupon Mayor Purdy declared the meeting adjourned at 1:54 A.M. ATTEST: 277 APPROVED: