HomeMy WebLinkAbout1973-11-06 Minutes1
MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
NOVEMBER 6, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, November 6, 1973 in the Directors Room of the City
Administration Building at 7t30 P.M.
Present: City Manager Donald L. Grimes; Administrative Aide David McWethy;
City Attorney Jim McCord; 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 October 16, 1973 meeting had been distributed to the Board
members prior to the meeting.
City Attorney McCord asked that the minutes be corrected on page 336, para-
graph two, to read as follows: "City Attorney McCord replied that the
ordinance is conditioned upon the dedication of said right-of-way and the
right-of-way is currently being negotiated with the doctors."
Director Orton requested that the minutes be amended on page 334, paragraph
one, to clarify that she could vote for rezoning the tract under discussion
only if it were zoned R-1 to the depth of the Mormon Church property and the
remainder of the tract zoned R-2 or R.-0 with entrance on Stearns Road.
Director Carlson requested that paragraph three, page 335 be corrected to
read: "Director Carlson suggested that a sub -surface tunnel under Route 71B
be included in the clong-range plans for the Medical Towers building so that
patients could be moved easily between the building and the hospital."
There being no further corrections, additions or deletions, the minutes of
the October 16, 1973 meeting were approved as amended.
CONTRACT FOR IMPROVEMENTS IN HYLAND PARK SUBDIVISION, PHASE I
City Attorney McCord read a proposed resolution authorizing the Mayor and the
City Clerk to execute a contract guaranteeing that the contractor/developer
will install certain improvements in the Hyland Park Subdivision, Phase I.
Plans were submitted by Hyland Park, Inc.; Jim Lindsey, President.
Director Utley asked whether the "proposed sewer extension" shown on the map
attached to the agenda is indeed "proposed", and further, will the sewer
extension be a dondition placed upon the acceptance of the final plat. City
Attorney McCord explained that the fi-nal plat acceptance will be conditioned
upon the completion of the sewer line extension. Mr, Lindsey explained that
the sewer line is complete except for a few manholes.
Director Stanton moved the resolution be adopted. Director Noland seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted.
*Resolution No. 90-73 appears on page 189 of Ordinance and Resolution Book 3.
FINAL PLAT OF HYLAND PARK SUBDIVISION, PHASE I
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance
accepting the dedication of streets and utility easements, and approving the
final plat of Hyland Park Subdivision, Phase I, submitted by Hyland Park, Inc.;
Jim Lindsey, President.
343
Director Stanton moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Murray seconded the motion. Upon roll
call vote the motion passed unanimously City Attorney McCord 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 McCord read the proposed ordinance the third and final time.
City Attorney McCord explained that the developer is in agreement with
the conditions placed upon the approval of the final plat, those conditions
being: (1) The dedication of Lot A, Block 3 to the Water and Sewer
Department; (2) The correction of the legal description; (3) The construction
of the sidewalks on the north side of the development after the water lines
are installed; (4) The placement of markers; and (5) The addition of arrows
on the final plat indicating both sides of easements shown therein.
There being no further discussion, Mayor Purdy asked the question, "Shall
the Ordinance pass?" Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None,
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance
passed.
*Ordinance No. 1954 appears on page 229 of Ordinance and Resolution Book 3.
CONTRACT FOR IMPROVEMENTS IN JOHNSON ROAD SUBDIVISION
City Attorney McCord read a proposed resolution authorizing the Mayor and
the City Clerk to execute a contract guaranteeing that the contractor/
developer will install certain improvements in the Johnson Road Subdivision.
Plans were submitted by Kelley Brothers Lumber and Supply; J. B. Phelps,
President.
Director Orton stated that she did not wish to vote on the resolution before
voting on the ordinance accepting the dedication of streets and utility
easements and approving the final plat. There were no objections from
other Board members to considering the ordinance first.
City Attorney McCord read a proposed ordinance accepting the dedication of
streets and utility easements, and approving the final plat of Johnson
Road Subdivision, submitted by Kelley Brothers Lumber and Supply; J. B.
Phelps, President.
City Manager Grimes noted that if the proposed ordinance is passed prior to
the adoption of the resolution, the Board has, in effect, accepted the
dedication of streets and utility easements and the final plat without
improvements.
Director Orton contended that when the terms of the contract are dedided,
she may not wish to vote for the execution of the contract.
City Attorney McCord advised that the proposed resolution be considered
first.
Mayor Purdy called for a vote on whether the resolution or the ordinance
shall be considered first. The following vote was recorded:
"Resolution First" Purdy, Noland, Utley, Murray and Stanton.
"Ordinance First" Orton and Carlson.
City Attorney McCord read a proposed resolution authorizing the Mayor and
the City Clerk to execute a contract guaranteeing that the contractor/
developer will install certain improvements in the Johnson Road Subdivision.
344
1
it
1
Director Carlson noted that the resolution states that "a copy of the contract
is attached hereto", which indicates that the Directors are voting on the terms
of the contract and are authorizing it to be executed. Director Carlson
suggested that the resolution be worded so that it authorizes the execution of
a contract written in conformity with the City ordinances.
Director Stanton moved the resolution be adopted. Director Utley seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purify, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the Mayor declared the resolution adopted.
*Resolution No. 91-73 appears on page 190 of Ordinance $ Resolution Book 3.
ACCEPTING THE DEDICATION OF STREETS AND UTILITY EAeSEMEtTeS AND APPROVING THE
FINAL PLAT Of JOHNSON ROAD SUBDIVISION
Upon request of the Mayor, the City Attorney read a proposed ordinance to
accept the dedication of streets and utility easements and approve the final
plat of Johnson Road Subdivision, submitted by Kelley Brothers Lumber $ Supply,
J. B. Phelps, President.
Director Stanton moved the rules be suspended and the proposed ordinance be
placed on second reading, and that discussion be heard after the third reading
of the proposed ordinance. Director Utley seconded the motion. Upon roll call
vote the motion passed unanimously. The City Attorney read the proposed
ordinance the second time.
Director Murray moved the rules be further suspended and the proposed ordinance
be placed on third and final reading. Director Noland seconded the motion.
Upon roll call vote the motion passed unanimously. City Attorney McCord read
the proposed ordinance the third and final time.
Director Orton stated, "I feel that we cannot deviate from our Master Street
Plan. We are spending a considerable amount of money to straighten our Gregg
Street and Johnson Road and not to leave this 80 -feet right-of-way - I can't
see how we can do such a thing."
City Manager Grimes called the Board members' attention to a letter dated
November 2, 1973 from Jerre M. Van Hoose. The letter read as follows:
"As you are aware, the question has been raised as to whether the
final plat of the Johnson Road addition should provide for an 80
foot or a 60 foot right of way for Johnson Road. The preliminary
plat for the Johnson Road addition was approved by the Planning
Commission on August 19, 1971, at which time Fayetteville's master
street plan required that Johnson Road have a 60 foot right of way.
After the preliminary plat was approved, the developer proceeded
with the preparation of detailed construction plans.
"It is our understanding of the subdivision ordinance that activity
toward the development of a subdivision must occur withthn one year
after the approval of the preliminary plat, or else the preliminary
plat approval becomes void. We have enclosed copies of correspondence
and other documents which show that the developer has complied with
the one year criteria.
"On January 18, 1972 the developer paid Northwest Arkansas Construction
Company for clearing the entire site which was heavily covered with
small underbrush.
"On April 18, 1972 the developer entered into a contract with Anchor
Construction Company for the purpose of site grading in order to bring
certain portions of the site to an elevation above the flood plain as
shown on the preliminary plat.
345
"On May 19, 1972 our office submitted construction plans to the office
of the City Engineer.
"On August 1, 1972 the construction plans were approved,
"On October 5, 1972, Jim Murray, constructor, was paid for the con-
struction of certain sewer lines within the proposed development. Due
to the extremely wet winter of 1972-73, it was impossible for con-
struction activity to proceed within the development. However, since
June of 1973 the developer has completed the construction of Wren
Circle street, along with sidewalks, drainage structures, and water
and sewer lines required to serve all those lots along either side
of Wren Circle.
"We trust that the information as heretofore set out will show that
the developer has complied with the provisions of the subdivision
ordinance, and that approval of the final plat can be made as
submitted."
Mr. Grimes said that the City Attorney agrees that the development is so far
along the City cannot change it. "The way the ordinances read is that we
cannot deny their preliminary plat if they have started work within one year
after the approval of the plat," Mr. Grimes said.
Director Orton asked whether building permits could be issued for those lots
along Johnson Road. City Attorney McCord said that the developer could go
before the Board of Adjustments and if a variance were granted by the Board
of Adjustments, building permits could be issued for those lots. City
Attorney McCord further stated, "I think we should approve the final plat
as is based upon the preliminary plat approval."
Director Utley said, "I would suggest that if we approve this as it is now
written it would set a precedent as far as other construction on Johnson
Road.,.,If we hope to maintain our 80 foot right-of-way we should make of
specific exception to the Master Street Plan for this particular development
for the specific reason that it was started under terms of a preliminary
plat approved before they changed the conditions....If we approve it per
se we have set the precedent for 60 foot right-of-way all the way out
Johnson Road."
City Manager Grimes commented that when the developer comes before the Board
of Adjustments requesting a variance, perhaps at that time the developer could
be persuaded to dedicate additional right-of-way along Johnson Road. If an
exception is made to the Master Street Plan for this development the City
will not have another chance to acquire any additional right-of-way. The
City Manager noted that there is a railroad across Johnson Road from the
Johnson Road Subdivision. "We could probably build the curbing on that
side right up to the right-of-way, or possibly acquire additional right-of-
way from the railroad," Mr. Grimes said In answer to Mayor Purdy's
question, Mr. Grimes said that possibly there would be an offset in the
street; however, Mr. Grimes said that it could probably be worked in over
a distance and would hardly be noticed.
Director Stanton commented that a 60 feet right-of-way can accomodate a
four -lane highway.
Director Carlson noted that evidence shows that the developer has built
sidewalks and installed sewer lines on Wren Circle only. "I see no
necessity for the City's not insisting on the 80 feet on the rest of it....
This would involve much less adjustment to have to be made by the Board of
Adjustments....He can re -design his final plat to fit the conditions
required," Mrs. Carlson said.
Mayor Purdy expressed reluctance to vote on this issue tonight because
"I haven't been able to digest this new evidence yet."
346
1
City Manager Grimes reported that Mr. Van Hoose had left a telephone message
that he would be unable to attend this meeting and requested that if the Board
ran into difficulty on this matter that the matter be tabled.
Director Stanton moved this matter be tabled until the next regular meeting
of the Board Director Orton seconded the motion. Upon roll call vote the
motion passed unanimously.
REQUEST FOR WAIVER OF SIDEWALK REQUIREMENTS IN NEW SUBDIVISIONS - DAVID M. ROSE
FOR ROSEWOOD ESTATES
Upon request of the Mayor, City Attorney McCord read a proposed ordinance to
waive the sidewalk requirements for Rosewood Estates. Request for the waiver
was submitted by David M. Rose.
Mr. Rose was present at the meeting to ask the Board to waive the sidewalk
requirements for the following reasons: (1) The subdivision consists of 20
acres divided into ten lots (estates) and is conceived to have a rural atmosphere
with the preservation of as many treessas possible; (2) The terain is hilly and
irregular, consequently the sidewalks would be steep and dangerous; (3) Savings
as a result of not building sidewalks in the subdivision can be passed on to
persons buying lots in the subdivision; (4) The subdivision will consist of two
cul-de-sacs which means there will be no through traffic and the sidewalks if
built would not go anywhere; (5) Sidewalks are expensive to construct in the
terrain encountered in this proposed subdivision; (6) Other streets in the City
need sidewalks more desperately than will this subdivision, and Mr: Rose said
that if the requirements were waived for Rosewood Estates that he would be
willing to spend a portion of the money he would use for sidewalks in Rosewood
Estates to improve other more dangerous areas in the City.
Ginger Parker was present at the meeting to voice opposition to the requested
waiver. Mrs. Parker said that sidewalks would be especially advantageous on a
steep street since automobiles tend to go faster on a steep grade and it is harder
for drivers to see pedestrians on steep grades. Mrs. Parker also stated that there
is a gasoline shortage and if sidewalks are provided persons will be encouraged
to use automobiles less.
Colonel William G Myers commented that an extremely steep sidewalk is a hazard
and if the City ordinances do not set safety requirements for sidewalks, the
City ordinances should be amended.
Director Stanton suggested that the developer consider the alternative of building
the sidewalks at the back of the lots rather than along the street. Mr. Rose said
that he did not think sidewalks at the backs of the lots would be feasible
because of the rolling terrain.
Director Stanton moved that this matter be tabled until the next regular meeting
of the Board to give the City administration a chance to work out with the
developer a feasible method of providing sidewalks in the proposed development.
Director Noland seconded the motion. Upon roll call vote the motion passed
unanimously.
LARGE SCALE DEVELOPMENT PLAN -RWM SERVWCE\COOPERATIVE
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
approve the Large Scale Development plan of Farm Service Cooperative, located
at the intersection of Highway 62 West and Highway 71B South.
Director Murray moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Noland seconded the motion. Upon roll call
vote the motion passed unanimously The City Attorney read the proposed
ordinance the second time.
347
CORRECTED MINUTES
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. The City
Attorney read the proposed ordinance the third and final time.
Jim Dickson, attorney representing the Farm Service Cooperative, and the
general manager of Farm Service Cooperative were present at the meeting.
Mr. Dickson reported that the Farm Service Cooperative has elected not to
dedicate the additional right-of-way requested by the City and he asked
the Board to overrule the Planning Commission in that respect only and
accept the Large Scale Development plan submitted by Farm Service
Cooperative without the condition of the dedication of the right-of-way.
Mr. Dickson explained that the new buildings have nothing to do with
the dedication of right-of-way.
City Attorney McCord said that in some cases the Board could require the
dedication of additional right-of-way if more traffic were generated by
a proposed development. Mr. Dickson said that the two proposed buildings
at the Farm Service Cooperative will not be traffic generators. The
new buildings will be a 60 x 40 feet warehouse, a small office, and an
8 x 12 feet pellet plant adjacent to the feed mill.
City Manager Grimes commented that the Farm Service Cooperative is a
heavy traffic generator in itself and both Highway 62 West and Highway
71B South are scheduled for widening in the future. The widening will
benefit the Cooperative, therefore, "I feel there is an obligation on
the part of the Cooperative to somehow assist in this project," Mr. Grimes
added.
Director Utley commented, "We must admit there is a traffic hazard at that
corner,,..Compounding that traffic situation would be contrary to the best
See insert nterests of the City."
below. * tity Manager Grimes recommended, and City Attorney McCord concurred, that
the Board approve the Large Scale Development plan with no stipulations
as to right-of-way dedications at this time.
There being no further discussion, Mayor Purdy asked the question, "Shall
the Ordinance pass?" Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Murray, Carlson and Stanton.
"Nays" Utley.
There being six "Ayes" and one "Nay" the Mayor declardd the Ordinance
passed.
*Ordinance No. 1955 appears on page 230 of Ordinance 8 Resolution Book 3.
City Manager Grimes complimented the Farm Service Cooperative on the clean-
up and remodeling work they have done on thiir property.
LEVY TAX ON REAL AND PERSONAL PROPERTY FOR 1973
City Attorney McCord read a proposed resolution levying a tax on real and
personal property within the City of Fayetteville for the year 1973.
Mayor Purdy explained that the tax levy (16 mills) is the same as the 1972
tax levy.
City Manager Grimes commented that the 3.7 mills for fire protection, .3
mills for park maintenance, and 1.0 mills for capital improvements are
voluntary levies.
Director Carlson asked by what authority were the voluntary levies made.
City Attorney McCord replied that the tax levy resolution has not changed
in the last eight years and he did not know by what authority the initial
levies were made.
*Director Carlson said that the Farm Service Cooperative was essentially asking for
merely a building permit and not a development with street easements and so forth,
and therefore, for the City to insist that the Coop give part of their land so the
City could avoid imminent domain process has ala the appearance of extortion.
1
MINUTES CORRECTED ON PAGE 354
Director Carlson stated that the last five mills (those listed before as
voluntary) are not authorized by the Constitution. Mrs`., Carlson added,** **See amend -
"Those City officials who authorize or who sign documents which lead to the ments page
City's being in debt more than their revenue for the year permits them to 354.
spend, are subject to a fine ofnnot less than $500 or not more than $10,000....
Anybody who pays this five mills and the City takes it and uses it, the City
then becomes liable back to that person for having extorted something from them
illegally."
Director Stanton moved the resolution be adopted. Director Noland seconded the ***See
.mo.ti•on***Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the Mayor declared the resolution adopted.
*Resolution No. 92-73 appears on pages 191 and 192 of Ordinance F, Resolution Book3.
amendments
page 354.
AUDIT OF THE FAYETTEVILLE EMPLOYEES' PENSION FUND
City Attorney McCord read a proposed resolution authorizing the Mayor and the
City Clerk to execute a contract with the firm of Scarbrough and Lance, Certified
Public Accountants, for the auditing of the Fayetteville Employees' Pension Fund.
City Manager Grimes reported that it is the recommendation of the City Controller
and the City Manager that the firm of Scarbrough and Lance be employed to perform
the audit at the following rates: $22.50 per hour for partners; $15.00 per hour
for CPA's; $10.00 per hour for junior accountants.
Director Stanton 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. 93-73 appears on page 193 of Ordinance $ Resolution Book 3.
ADDITION OF CERTAIN STREETS TO PUBLIC WORKS SECTION OF 1973 GENERAL FUND BUDGET
City Attorney McCord read a proposed resolution authorizing the addition of
certain streets to those listed under Category B (Account Code 7521) in the
Public Works Section of the 1973 General Fund Budget. The streets and cost of
materials are as follows:
Township from College to Jane - $2,562.26
Stevens from Mt. Comfort to Wedington Drive - $2,659.32
Cedar from Stevens 200 feet west - $1,863.17
SumSummit from Fletcher to Lighton Trail - $2,186.30
Washington from North to Oakwood - $1,432.71
East Lakeside from North to Edgehill - $2,271.35
Cleburn from Park to Woolsey - $308.80
Pike from Park to Highland - $659.89'
City Manager Grimes explained, "The slurry seal contractor was unable to perform.
We felt it was critical that we go ahead and get the surface on them. We picked
the worst ones and went ahead with them."
In a memorandum from the Street Superintendent, it was explained that no addi-
tional funds need be approp%iated for these streets since the cost of this
asphalt cement overlay on the aboveementioned streets was saved from the cost
estimated for other streets.
City Manager Grimes commented that the asphalt overlay work is only a few cents
per square yard more expensive than slurry seal.
Several Directors commented that they have heard complimentary statements about
the street work that has been done in the past year.
349
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. 94-73 appears on page 194 of Ordinance $ Resolution Book 3.
City Manager Grimes reported that a similar resolution will be proposed at
the next regular Board meeting probably. Mr. Grimes said that the Street
Department is trying to get as much paving work done this season as is
possible, and he asked the Board to permit the City crews to proceed with
these projects.
Mayor Purdy called for a vote on the matter of authorizing the City Manager
to proceed with street paving projects. All Directors voted approval.
STREET IMPROVEMENTS - THIRTEENTH STREET FROM UNIVERSITY TO SCHOOL; DUNN
AVENUE FROM ELEVENTH STREET TO FIFTEENTH STREET
City Attorney McCord read a proposed resolution authorizing studies to be
made for street improvements on Thirteenth Street from University Avenue
to School Avenue and on Dunn Avenue from Eleventh Street to Fifteenth
Street.
Director Stanton moved the resolution be adopted. Director Noland seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 95-73 appears on page 195 of Ordinance $ Resolution Book 3.
TRANSFER FUNDS FOR BOR PARK PROJECTS
City Attorney McCord read a proposed resolution authorizing the transfer of
$8500 from the General Fund Unappropriated Surplus Account to Account 6090
(Parks and Recreation Capital Outlay) to cover the City's share of local
funds for Bureau of Outdoor Recreation park projects.
City Manager Grimes explained that inflationary factors have boosted the
cost of these park projects and the City's share of the additional expense
is $8500. Mr. Grimes further explained that the $8500 will appear in the
Parks $ Recreation capital outlay portion of the 1974 Budget if this
resolution is adopted. The money will not actually be spent until sometime
in 1974, Mr, Grimes added.
Director Carlson stated that she is not aware of the Unappropriated Surplus
Account.
Director Noland moved the resolution be adopted. Director Orton seconded
the motion. Upon roll calf 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. 96-73 appears on page 196 of Ordinance F, Resolution Book 3.
350
1
is
BUDGET COST OF BRIDGE ON'MORNINGSIDENDRIVE
City Attorney McCord read a proposed resolution authorizing the budgeting of the
cost of a bridge on Morningside Drive in the Public Works Section of the 1974
General Fund Budget.
City Manager Grimes explained that the cost of this bridge was under -estimated
and he wishes to be able to assure residents in the area that the bridge will be
constructed, Therefore, Mr. Grimes requested that he be authorized to include
the cost overage ($22,000) in the 1974 Budget.
Director Stanton 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. 97=73 appears on page 197 of Ordinance $ Resolution Book 3.
BOUNDARY OF LAKE FAYETTEVILLE NATURE STUDY AREA
Rodney Ryan, Chairman of the Parks and Recreation Advisory Board, was present
at the meeting to ask the Board to accept the Parks and Recreation Advisory
Board recommendation regarding the western boundary of the nature study area.
Dr. Ryan explained that the nature study area has never been defined.
Director Utley expressed concern about setting the boundary lines in a
"piecemeal" fashion. "It seems we should draw the total plan and address it,"
Director Utley said. Dr. Ryan said that this boundary has been coordinated
with everyone concerned.
City Attorney McCord read a proposed resolution to establish the boundary of
the nature study area as follows:
An area bounded by Lakewood& Drive as extended south from its
intersection with Lakeview Road to Lake Fayetteville; thence west
along the edge of Lake Fayetteville for a distance of approxi-
mately 1,000 feet; thence north to Lakeview Road; thence in an
easterly direction along Lakeview Road to the point of beginning.
Director Carlson moved the resolution be adopted. Director Stanton 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. 98-73 appears on page 198 of Ordinance B Resolution Book 3.
PARKS F, RECREATION ADVISORY BOARD RECOMMENDATION REGARDING\CONSTRUCTION OF
FACILITIES BY PRIVATE GROUPS AT LAKE FAYETTEVILLE
Rodney Ryan, Chairman of the Parks and Recreation Advisory Board, presented
the Parks and Recreation Advisory Board recommendation that the. Board of
Directors approve in concept the proposal for construction of facilities at
Lake Fayetteville by private enterprise, and upon debt retirement, the
facilities becoming City property. •
Dr. Ryan reported that a non-profit handball association has approached the
Parks $ Recreation Advisory Board proposing to construct a handball facility
on the model airplane tract, a part of the Park located east of Highway 265.
The association proposed to build the court and upon debt retirement, the
court would become City property.
There was some discussion about the advisability of leasing areas of the Lake
Fayetteville property for such construction.
Director Orton asked whether approval of this concept would indicate approval
of the construction of the handball facility on the model airplane tract.
351
Director Orton added that her concern is that there has been discussion of
using the model airplane tract as a site for a civic auditorium and there
may be other groups with other ideas on how this might be used Dr. Ryan
replied that the Parks and Recreation Advisory Board will probably publi-
cize their contemplations regarding this and hear comments from other groups
with other ideas at a Parks and Recreation Advisory Board meeting.
Director Noland suggested that the Parks and Recreation Advisory Board
think about establishing some guidelines by which such requests as this
could be considered. Dr. Ryan indicated that the Board would do so.
Director Utley moved that the Board of Directors indicate its willingness
to address itself to proposed leases by private enterprises to construct
recreational facilities on public park property with the understanding
that the permanent facilities will be deeded to the City at the termination
of the lease. Director Murray seconded the motion. Upon roll call vote
the motion passed unanimously.
BID NO. 220 - FAYETTEVILLE PARK (BOR) PROJECTS
Attached to the Directors' agenda was a bid tabulation of bids received
for Fayetteville Park projects. City Manager Grimes recommended that the
bid of.jfeckathorn Construction Company be accepted. City Attorney McCord
read a proposed resolution to authorize the'Mkyor and the City Clerk to
execute a contract with Heckathorn Construction Company for the construction
of seven park sites.
City Manager Grimes explained that the bids were made on an "all or none"
basis and that Heckathorn Construction Company was the low bidder, low bid
amount being $198,501.65.
Director Orton moved the resolution be adopted. Director Noland seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None,
There being seven "Ayes" and no "Nays" the Mayor declared the resolution
adopted.
*Resolution No. 99-73 appears on page 199 of Ordinance & Resolution Book 3
Mayor Purdy asked the representatives of the Parks and Recreation Advisory
Board to tell the Board of Directors where we stand on the collection of
monies to meet the challenge issued by Levi Strauss.
David Lashley reported that the Parks and Recreation Advisory Board is
optimistic about being able to collect the $30,000 to meet the challenge.
Mr. Lashley reported that the fund has $18,109 cash in hand, $2,500
additional pledges, and "we know where some other money is that will come
in."
BID NO. 222 - GLASS BEAD CLEANING MA[SHINE; BID NO. 223 - PORTABLE AIR
COMPRESSOR
City Manager Grimes reported that only one bid was received for a glass bead
cleaning machine, that bid being from Zero Southwest Company in the amount of
$1,585.65. The City Manager recommended that the bid of Zero Southwest
Company be awarded and, further, that an additional appropriation of $435
be made from Water and Sewer surplus revenues to purchase the equipment and
to cover the sales tax. A bid tabulation of bids received for a portable
air compressor was attached to the Directors' agenda. City Manager Grimes
recommended that the low bid for Alternate A, $4,610.61, be awarded. The low
bid for Alternate A was received from Marsuco.
352
1
r
_L
City Engineer Mattke, in a memorandum to the City Manager, stated, "I feel that
the justification of accepting "Alternate A' over the basic unit is as follows:
(1) operational reliability; (2) lower maintenance cost; (3) greater fuel
economy." "Alternate A" specified a diesel powered unit rather than gasoline
powered.
Purchasing Officer Sturman Mabkey stated that the bid for "Alternate A" repre-
sents an amount which is $610 over the budgeted amount.
Director Carlson asked the City Attorney to brief the City administration on
the definition of "surplus" as contained in the Arkansas Statutes. Mrs. Carlson
stated, "It is a constitutional requirement that we not spend money in the year
in excess of what we have coming in for that year. Do we anticipate that we
will get this in as revenue this year?" City Manager Grimes replied that he
is proposing to underspend enough monies bn other appropriations to cover this
expenditure.
Director Stanton moved that the Board accept the City Manager's recommendation
regarding the award of bids for glass bead cleaning machine and portable air
compressor. Director Utley seconded the motion. Upon roll call vote the motion
passed unanimously.
City Attorney McCord read a proposed resolution to appropriate $435 to Account
Code 6590 and $610 to Account Code 5790 in the 1973-74 Water and Sewer Budget,
said sums to be appropriated at the discretion of the City Manager from appro-
priations:in the•1973174 Water and•Sewer Budget which are not required for
appropriated purposes.
Director Carlson moved the resolut&on be adopted. Director Stanton 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. 100-73 appears on page 200 of Ordinance F, Resolution Book 3.
LEAF PICK-UP
City Manager Grimes reported that although,a leaf pick-up machine was budgeted
in the 1973 Budget, the leaf pick-up machine has not been purchased and there
is not a man to run it anyway. Mr. Grimes proposed that persons be asked to
bag their leaves to be picked up on Wednesday, the day scheduled for special
pick-ups
ANNTJJIBYAUDITIREPORTTEROMtBEAUERVWAtER DISTRICT
City Manager Grimes reported that the annual audit report for the Beaver Water
District has been received. The audit report will be on file in the City Clerk's
Office.
HOLIDAY - FRIDAY AFTER THANKSGIVING
City Manager Grimes asked the Board to allow City employees who could be released
from their duties on the Friday after Thanksgiving to take that day as a holiday.
Persons who cannot be released on Friday after Thanksgiving would be allowed to
take a day off some other time.
Director Carlson asked whether persons who cannot be released on Friday after
Thanksgiving could be released for an extra day off at Christmas time. The City
Manager explained that the department heads will be asked to use their discretion
in this matter.
Director Stanton moved that Friday, November 23, 1973 be designated as an extra
holiday for those persons who can be released from their duties on that day, and
further that employees who are not released from their duties on that day shall
be granted a day off at another time to be determined by the employee and his
353
department head. Director Noland 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" and no "Nays", and one abstaining vote, the Mayor
declared the motion passed.
LIABILITY COVERAGE ON CITY VEHICLES
Director Carlson asked for a report on the liability coverage on City
vehicles. City Manager Grimes said that he will bring that report to the
next regular meeting of the Board.
ADJOURNMENT
There being no further business, Director Utley moved the meeting be
adjourned. Director Carlson seconded the motion which passed unanimously,
whereupon Mayor Purdy declared the meeting adjourned.
Cit C1
r
1?/J
Mayor
**Insert on page 349: "City officials are held accountable for their official
acts. The Constitution provides that ,..(as quoted in the minutes an page
349).... A State Statute provides that elected officials who knowingly
fail, refuse, or neglect to carry out the laws in accordance with their
oath of office can be removed from office."
(Director Utley and Mayor Purdy stated that they feel that this insertion is
an elaboration upon the statement as originally made.)
***Insert on page 349: Mr, T. C. Carlson, Jr., from the audience, interrupted,
"Do each of the Directors understand what you are voting upon?" Director
Stanton replied, "Yes, we do, Mr. Carlson."
354
1