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HomeMy WebLinkAbout1974-02-19 Minutes• • MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS FEBRUARY 19, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, February 19, 1974, in the Directors Room,of the City Administration Building at 7:30 P.M. Present: City Manager Donald L. Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; Bobbie Jones, acting as City Clerk; and Directors Orton, Purdy, Murray, Noland, Utley, Carlson and Stanton. Directors Absent: None. Others Present: Representatives of the news media and members of the audience. Minutes of the February 5, 1974 meeting had been distributed to the Board members prior to the meeting. Director Orton requested amendments to the minutes of the February 5 meeting. One, on Page 2 beginning at Line 33 to cause the statements to read,""Director Orton brought out that at the Plat Review Committee the City Planner had suggested moving the access road to the West, still on the owner's property, but away from the adjoining R-1 property. The City Engineer also recommended that a sewer line be required, she said." Director Orton requested another amendment to the February 5 minutes on Page 2 beginning at Line 48 to cause the statement to read, "Director Orton suggested that the plan be sent back to the Planning Commission for consideration of dedication of a road, since the City Board apparently does not have the power to make such a requirement of developers." Director Carlson requested amendments to the minutes of the February 5 meeting. on Page 1, last paragraph to cause a statement to read, "Director Carlson then made a motion to amend portions of the proposed ordinance to include that the Growth Area private water and sewer systems must meet approval of the Water and Sewer Superintendent." Also to cause the second and third sentences following that to read, "Director Orton stated that since this ordinance would also cover subdivisions with City water coming later, it would be important that those water and sewer lines were done to City standards. Director Carlson pointed out that the Beaver Water District Memorandum of Understanding provides that any lines built near the city limits within what the Regional Planning Commission deems might be part of the city system in the future will have to meet approval of the city." Director Carlson requested an amendment to the minutess of the February 5 meeting on Page 2 following Line 44 to add a statement to read, "Director Carlson objected to the proposed septic tank in lieu of connection to the nearest sewer line pointing out that the Board has consistently refused development plats that propose septic tanks." She requested another amendment to the minutes on Page 3 in the 8th line under RESOLUTION TO EXECUTE A CONTRACT WITH C AND L LAND COMPANY to amend a statement to read, "Director Carlson suggested that a provision be added to preserve the current allowance for individual citizens to dump trash free of charge." City Manager Grimes requested amendments to the minutes of the February 5 meeting. One would amend the second sentence in next to the last paragraph on Page 3 to read, "Mr. Grimes felt that City crews should be working on public facilities rather than on rent houses." Also -on Page.S, Paragraph 2, amend the first sentence to read, "Purchasing Officer Sturman Mackey made a recommendation to the Board that Bid No. 229, for security' fencing at the City Shop on Highway 16 East, be awarded by item to the low bidder, Modern Fence Company of•Fayetteville." There being no further coriections,•additions, or deletions, the minutes of the February 5, 1974 meeting were approved as amended. 15. • WATER QUALITY MANAGEMENT STUDY Ken Riley, Director of the Northwest Arkansas Regional Planning Commission, introduced Dr. Dee Mitchell who reported to the Board the results of a Water Quality Management Study. Dr. Mitchell told the Board that Public Law 92-500 is one of the most complex ever written. In accordance with its requirements Arkansas, in October of 1973, adapted water quality standards following the guidelines setout by the Environmental Protection Agency (EPA). Dr. Mitchell said these standards were the most stringent he had ever seen published. He said that because Northwest Arkansas is the headwaters region for the White River, Illinois River and the Spavinaw, it is designated as a "water quality limited"::area and the permit which must be obtained from the Regional Director of the EPA will have very stringent BOD (biological oxygen demand) requirements, which is far less that what Fayetteville's present plant can produce. Dr. Mitchell said that within 120 days after receiving a permit application, the City must submit an engineering report of how it is going to come into compliance with the permit. The compliance date is July 1, 1977, which leaves very little time to meet these requirements. Dr. Mitchell stated they had evaluated over 100 alternatives of how to meet the requirements of Public Law 92-500. He said they had even investigated collecting all the sewage and pumping it all the way to the Arkansas River on which the standards are not so stringent. Dr. Mitchell outlined two alternativee4, comparing the costs of each and explaining the advantages and disadvantages of each: (1) Fayetteville could join with the Springdale region in building another sewage treatment plant on the Illinois River as well as upgrading and continuing to use the present plant on the White River. This would require almost $7,000,000 in capital costs for the City of Fayetteville alone. A Federal grant may be obtained to pay 75% of that cost, but the grant would require the City to come into compliance by 1977. A grant would also include an industrial payback clause requiring any industry in the area to pay its fair share of both capital costs and operational costs. This could become almost prohibitive on any industry. In addition to the capital costs, there would be an estimated operational cost of $15,000,000 through the year 1990. (2) The least expensive alternative would require a cooperative effort of all the people in the area in order to get the plan accepted. It would have one sewage treatment plant located near the Clear Creek area on the Illinois River to serve the Highway 71 corridor as far North as Bentonville and another regional plant for the Highway 59 corridor located at Siloam Springs and discharging into the Illinois River. Fayetteville's present plant would continue to be used, but the discharge from it would be pumped over to the proposed plant near Clear Creek and discharged with it. The cities of the Northwest Arkansas area using these plants would bear the cost of constructing a water line from Beaver Lake to supply water for Siloam Springs. They would ask that the present 4 parts per million dissolved oxygen for the Illinois River be maintained, that the present water quality standard of the Illinois River not be upgraded, in exchange for no discharge being made into any other stream in Northwest Arkansas. The capital cost to Fayetteville, including Fayetteville's share of the cost of running a water line to Siloam Springs, would be almost $5,000,000. The operational cost, however, would be estimated at only $4,500,000 through 1990. Dr. Mitchell pointed out that the last alternative is a compromise proposal which would have to be approved, and that there is no way to meet the standards by 1977. Dr. Mitchell and the Board held a discussion in which he answered their questions concerning the report. He said that the later proposal would not cause degradation to the quality of the Illinois River below what it presently is. It had been measured at 4 milligram per liter in a 7 -day period, those seven days being the lowest point in ten years in that river. 16 1 Director Carlson asked for an explanation of the dif£erence;in operational costs betweenr.fhe current plant and the proposed new plant on the Illinois River. Drr•Mitehbll explained that to upgrade the existing plant to meet the standards will require not only tertiary type treatment, but will also require nutrient removal as well. He said there is a world of difference (in cost) to go below that point and the City would be required to go below that point. Director Carlson asked if the first plan presented would require the plant on the Illinois River tohave tertiary type treatment. Dr. Mitchell said that it would because the standards without modification call for that; as part of the second alternative, .they were asking for a modification of the standards for the Illinois River. Dr. Mitchell explained that he considered it better to make an environmental .trade off to preserve all streams in Northwest Arkansas, including Beaver Lake, in a pristine state and to maintain the Illinois River at the state it is in at the present time• and allow the area somewhere to put its waste water. He said . he believed it might be possible to meet the 1977 compliance date on the second alternative if the area could get a decision on changing the standards on the Illinois River. Director Carlson pointed out that there is a financing alternative in the State Constitution that allows cities':t,taxaturon.to be expanded by a maximum of 5.mills if it is for water and sewer treatment, water systems, or electric light -plants, but it is only provided for cities. She said if all the cities would take up their contribution in the form of millage taxes then industry and everybody would be paying their proportionate share --.-it would be a special assessment. She suggested some consideration be pushed to provide for counties to levy a similar tax. Director Noland pointed out that if the City does not meet these standards by July 1, 1977, there is a $15,000 a day (fine). Mayor Purdy said that also the Mayor or some other city official can be jailed for failure to comply. Director Utley asked why, if.the operation can be moved over to the Illinois River watershed without degrading the grade of the.water presently existing in the. -171iinoi:SURiver, the same thing could not be done in Beaver Lake. Dr. Mitchell said that a flowing stream, such as the Illinois River, will purify itself. He said you do not have the excessive eutrophication and algae growth that will develop in a flowing stream that you will have in a lake such as Beaver Lake. The big difference lies in the nutrient removal. Director Utley asked if this plan has .been coordinated with the people in the State of Oklahoma from the border on down to Tulsa. Dr. Mitchell said it has not. He said if Northwest Arkansas decides this -it the way to go, then it would have to be coordinated with Oklahoma. He said the ,Governor of Arkansas would have to represent Northwest Arkansas on this. AN ORDINANCE REZONING PROPERTY City Attorney,McCord read a proposed ordinance to rezone a 1.1 acre tract of property located on the southeast corner of Garland Avenue and.Holly Street, as requested in Petition R74-1, J Austin Parish, from R-2, Medium Density Residential District, to R-0, Residential Office District, and C -I, Neighborhood Commercial District. 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. The City Attorney read the proposed ordinance for the second time. Director Murray moved the rules be furthereeuspendbd andptheiproposed*ordinance be placed on third and final reading. Director Orton 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 asked Planning Consultant Larry Wood if his recommendation on the rezoning petition had recommended that Lindell Avenue, south of Holly Street, be closed. Mr. Wood said he had handled this as a footnote, not as a part of the recommendation as such. He said that he would highly recommend that the City 17 consider the closing of the street. Mr. Wood said this could be done (1) as part of a large scale development proposal; (2) the City could initiate the closing of the street itself on its own initiative; or (3) the property owner or owners could initiate street closing. City Attorney advised the Board that the street cannot be closed on the rezoning, but he offered to start the process if the Board so desired. He said the Board could send a note to the Planning Commission that anytime this property comes before the Commission on a large scale development, that the street be closed. Director Orton said she would like to propose that. Mayor Purdy said that if he remembered the Planning Commission's discussion well, they had not arrived at any conclusion on closing this street. Larry Wood agreed. Mayor Purdy then asked if there was anyone from the audience in support of the change in zoning. Don Johnston, who has purchased the property from Mr. Parish said he was the petitioner, and that he has a house which faces the street. He said he understood that was the original reason the street was opened in the first place. Director Stanton said he was not in favor of closing streets unless the City has to do so. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson and Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1980 appears on Pages 71 & 71A of Ordinance and Resolution Book IV. AN ORDINANCE REZONING PROPERTY City Attorney McCord read a proposed ordinance to rezone 0.7 acre tract of property located on the northeast corner of Hill Avenue and Sixth Street from I-1, Heavy Commercial and Light Industrial District, to C-1, Neighborhood Commercial District, as requested in Petition R74-3, R. B. add Sammie Tedford. Director Murray moved that the rules be suspended and the proposed ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the second time. Director Stanton moved that the rules be 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 for the third and final time. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson, Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1981 appears on Page 71g of Ordinance and Resolution Book IV. GENERAL LAND USE PLAN Director Utley made a motion to have the Planning Commission study the land use in the entire area encompassed by residential in the area of Hill Avenue and Highway 62 and to ask that the land use be looked at and reaffirmed or a recommendation be made for any zoning changes that the Planning Commission feels would be in order. Director Utley said that the Comprehensive Plan recommends high density residential as the future land use of this area. He said the Board has just zoned up from industrial, but by the same token it has in fact spot zoned within the Comprehensive Plan. He stated that he felt the City should look at the whole area and determine whether we want to 18 1 continue it on the Comprehensive Plan as residential, commercial, or make it industrial so that the people in that area can plan what to do with their property. He said the City has raised a point to the property owners in the area as to what is the contemplated use that they can look forward to for their property. Director Orton seconded the motion. Director Carlson said that the Board makes these firm recommendations and overhauls the City's plans every so often, which is a good thing. She said within the past year we have all been muchly impressed by some changes that are coming about in our living conditions, so a bit of neighborhood commercial becomes more desirable than it used to be. She said that at this intersection, it did not necessarily mean that the Board would disregard residential at other places and the mere fact that it is heavilyresidential probably inf-uences the Board's determination that this corner could wisely be commercial. Director Carlson said that this does not necessarily indicate that all the rest of the plan is probably full of invalidity also. Upon roll call the following vote was recorded: "Ayes," Orton, Noland, Utley. "Nays," Purdy, Murray, Carlson, Stanton. The motion failed to pass. Mayor Purdy commented that he did not believe the study was necessary. Director Stanton qualified his vote by saying that the Planning Commission is overworked at the present, time and that he did not believe the study is necessary. Director Utley clarified his reason for making the motion by saying that the action the Board has just taken on the rezoning petition reflects inconsistency in the Comprehensive Plan and that he was striving for consistency in the City Board. AN ORDINANCE AMENDING THE GENERAL LAND USE PLAN City Attorney McCord read a proposed ordinance amending the General Land Use Property Plan for property.in an area bounded on the east by Highway 71B, on the south and west by Highway 71, and on the north by Highway 16 By-pass (Fifteenth Street). Director Murray moved that the rules be suspended and the proposed ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the second time. Director Stanton moved that 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. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson, Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1982 appears on Page 71C of Ordinance and Resolution Book IV. Director Utley asked Bobbie Jones if an application for a building permit to construct a residence in an area presently zoned residential but in an area where commercial is visualized in the Land Use Plan, before the City Board addresses a rezoning action, and that as long as the applicant meets the requirements of the building permit, zoning ordinance, and building code, must the permit be ,granted. Mrs. Jones acknowledged that this is true. Director Utley then asked, "Is it a matter of policy and procedure within the Building Inspector's Office that an individual making such an application be advised as to what the 19 future land use for that area is or is contemplated as being?" Mrs. Jones said this is done only if waht they are applying for conflicts with the present zoning. Director Utley then moved that the City Board go on record as recommending to the City Manager that he instruct the Building Inspector's Office to advise applicants for building permits of the anticipated future land use in the area in which he is applying for a permit. Director Carlson moved to amend Director Utley's motion to the effect that at any time a person comes in with any kind of building permit and the applicant's requested use he is about to make is in conflict with the adopted land use master plan, then before the permit is granted the matter should be brought to the Board of Directors with a recommendation (to) either zone now or "forever hold your peace". She suggested it be put in ordinance form that the City has the authority to withhold a building permit pending a determination of zoning. Director Murray seconded Director Utley's motion. Director Carlson's motion died for lack of a second. City Manager Grimes agreed that a blank would be put on the building permit application to show the future land use plan to be filled in and then to be signed by the applicant. Directors Utley and Murray requested permission to withdraw their motion and second. There being no opposition, the motion and second were permitted to be withdrawn. Director Carlson expressed the opinion that for "proper implementation of our plan" requests for building permits for a use not in conformance with the Land Use Plan should be brought to the attention of the City Board before the building permit is issued. City Attorney McCord stated that the Board of Directors or the Planning Commission may institute rezoning if they wish to implement the Land Use Plan immediately. QUESTION OF AMENDING LARGE SCALE DEVELOPMENT PLAN REQUIREMENTS City Attorney McCord asked the Board to advise him if they desired him to undertake to amend the ordinances to provide that large scale development plans must be approved by the Board of Directors rather than the Board only having the power to accept dedications of rights-of-way and easements Mayor Purdy requested this question be placed on the next Board of Directors agenda. Director Stanton objected to the duplication of effort by the Planning Commission and Board of Directors AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS. City Attorney McCord read a proposed ordinance accepting and confirming the dedication of street right-of-way and/or utility easements in the large scale development plan of General Growth Properties for "Sambo's Restaurant" to be located between the Northwest Arkansas Plaza and Nelson's Funeral Home Director Murray moved the rules be suspended and the proposed ordinance be placed on second reading. Director Orton 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. The City Attorney read the proposed ordinance the third and final time. City Manager Grimes informed the Board that it is his understanding this will include the construction to minimum City street standards of the access road along the north side of the property and down to the west edge of this 20 1 r• • development at which point it will turn into the parking lot and that the. long range plans for General Growth extends this street on westward, but they plan to develop it as the property develops. . Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson, Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1983 appears on Page 71D of Ordinance and Resolution Book IV. AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS. A letter had been handed out to the Board members prior to the meeting requesting that an ordinance to accept and confirm the dedication of street right-of-way and/or utility easements in the large scale development plan of Ozark Floor Company not be considered'at this meeting. REQUEST TO BAN SMOKING WHILE THE BOARD IS IN SESSION Director Carlson moved that during the session of the Board of Directors the rule of conduct will be "No Smoking." Director Utley requested the motion be amended to include that the resignation of any member of the Board that smoked and who would not care to adhere to that rule would be accepted. Director Orton seconded Director Carlson's motion. Upon roll call the following vote was recorded: "Ayes," Orton, Utley, Carlson. "Nays," Purdy, Murray, Noland, Stanton. There being three "Ayes" and four "Nays", the motion failed to pass. AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS. City Attorney McCord read a proposed ordinance to accept and confirm the dedication of public street. and utility easements in the large scale development plan of Kirk McClelland for property located west of Johnson Road between Drake Street and Township Road. Director Noland 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. 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 The City Attorney read the proposed ordinance the third and final time. Kirk McClelland pointed out the proposed public street dedication for a short cul de sac with curb and gutter coming off Johnson Road. He said the developer would then take a private drive off the cul de sac, across the creek with a low water bridge to the restaurant. He said he had been told by people who were familiar with the area and the creek that, at the most, there would be 10 days out of the year when they could not cross the creek with a low water bridge. Mr. McClelland also agreed to dedicate right-of-way across the extreme south of this property for the proposed major street shown on the Major Street Plan. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson, Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1984 appears on Page 71E of Ordinance and Resolution Book IV. 21 AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS. City Attorney McCord read a proposed ordinance to accept and confirm the dedication of public street and utility easements in the large scale development plan of Maupin Cummings for property on Highway 62 West between Eastern and Lewis Avenues Director Murray moved that the rules be suspended and the proposed ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance for the second time. Director Stanton moved that 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 for the third and final time. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call vote the following vote was recdrded: "Ayes," Orton, Purdy, Murray, Noland, Utley, Carlson, Stanton. "Nays," None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. *Ordinance No. 1985 appears on Page 72 of Ordinance and Resolution Book IV. AN ORDINANCE AMENDING ORDINANCE 1726, MERCHANT SECURITY OFFICERS City Attorney McCord read a proposed ordinance to amend Sections 1, 2, 4, S and 6 of Ordinance 1726 (Sections 16-11, 16-12, 16-14, 16-15 and 16-16, Code of Ordinances, Fayetteville Arkansas) concerning Merchant Security Officers. Director Noland moved that 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. The City Attorney read the proposed ordinance for the second time. Director Murray moved that 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. The City Attorney read the proposed ordinance for the third and final time. Bill Elvins, Fayetteville, said he is engaged in the security business and had been the instigator og getting the original ordinance passed eight years ago. He said the original ordinance had stipulated in it that before a person could organize a security business he had to have first served with a law enforcement agency for a period of five consecutive years. City Attorney McCord told him that sometime in the past this requirement has been deleted. Director Carlson moved to amend the proposed ordinance to read "private security officer" rather than "merchant security officer" and that that is a person who is in a private business, non -municipally funded, of protecting any kind of property in the City of Fayetteville. Director Stanton seconded the motion. Upon roll call vote the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Carlson, Stanton. "Nays," None. Abstaining from voting, Utley. There being six "Ayes", no "Nays", and one abstention, the motion to amend the proposed ordinance passed. Mayor Purdy then asked the question, "Shall the ordinance pass?" Upon roll call vote the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Carlson, Stanton. "Nays," None. Abstaining from voting, Utley. There being six "Ayes", no "Nays", and one abstention, the Mayor declared the 22 ordinance passed. *Ordinance No. 1986 appears on Pages Book IV. 73 f, 74 of Ordinance and Resolution Director Carlson moved to request an informal report from Police Chief Hollis Spencer as to whether he thinks it would be desirable for him to have the authority on certain instances and within his discretion to permit the carrying of firearms. The motion died for lack of a second. City Manager Grimes stated that he felt there is a procedure by which permits are issued to night watchmen at the various industries and such places whereby they can carry firearms. Bill Elvins, Fayetteville, stated that a person is allowed to carry arms on the premises of the property he is hired to protect. Mayor Purdy requested that City Manager Grimes and City Attorney McCord check into this matter for the Board. AN ORDINANCE AMENDING ORDINANCE NO. 1390,"GREEN RIVER ORDINANCE" City Attorney McCord read a proposed ordinance to amend Section 1, Ordinance No. 1390 (Sub -section (a), Section 13-10, Code of Ordinances of Fayetteville, Arkansas) to prevent the practice of going upon any private residence for the purpose of soliciting sales or personal services. Director Carlson moved that 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 for the second time. Director Murray moved that the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Carlson seconded the motion. Upon roll call vote the motion passed unanimously. Director Carlson moved that the proposed ordinance be amended to say "services" rather than "personal services." Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Carlson. "Nays," None. Abstaining from voting: Utley, Stanton. There being five "Ayes", no "Nays", and two abstentions, the motion passed. Mayor Purdy then asked the question, "Shall the ordinance pass as amended?" Upon roll call the following vote was recorded: "Ayes," Orton, Purdy, Murray, Noland, Carlson. "Nays," Stanton. Abstaining from voting, Utley. There being five "Ayes", one "Nay", and one abstention, the Mayor declared the ordinance passed. *Ordinance No. 1987 appears on Page 75 of Ordinance and Resolution Book IV. PURCHASING ITEMS AND AWARD OF BIDS Administrative Memo No. 274 had been attached to and distributed with the agenda. It contained quotations received by the Traffic Superintendent for the furnishing of all hardware necessary for installing flashing beacons and related equipment for Highway 71 North at Shepherd Lane and Zion Road. City Manager Grimes explained that the quotations had been solicited from the companies whichnormally bid on this type of equipment. He requested that the Board waive thermal advertising requirements for bids and award the bid to the lowest bidder, VePed Traffic Controls, Inc. of Oklahoma City, Oklahoma. Director Stanton moved that the Board waive the formal bidding procedures required by Section 2-65 of the City Code of Ordinances. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. 23 Director Noland moved that the City Manager's recommendation be accepted with respect to awarding the bid to VePed Traffic Controls, Inc. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. CORRESPONDENCE AND OTHER BUSINESS 1. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO DEDICATE CITY OWNED PROPERTY FOR STREET PURPOSES City Manager Grimes requested the Board pass a resolution authorizing the Mayor and City Clerk to dedicate a small triangle of property, approximately 85 sq. ft. in size, to the Urban Renewal Authority (Housing Authority of Fayetteville). The property is located at the southwest corner of Locust Avenue and Center Street at the Central Fire Station. The dedication is needed so a curb radius can be installed at the intersection. City Attorney McCord read a proposed resolution authorizing the Mayor and City Clerk to execute a deed dedicating property to the Fayetteville Housing Authority. Director Noland moved the resolution be approved. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. *Resolution No. 11-74 appears on Page 19 of Ordinance and Resolution Book IV. 2. RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INTERVENE ON BEHALF OF CITY OF FAYETTEV I LLE . City Manager Grimes requested the Board grant permission for the City of Fayetteville to join the City of Little Rock in a lawsuit to clarify a law passed by the State Legislature last session. He said the law allows City Manager and Board of Directors cities to hold a primary election in the summer time in conjunction with the partisan primaries and a run-off election in conjunction with the general election in November. The State Attorney General has given the opinion that the holding of a non-partisan primary in conjunction with a partisan primary is unconstitutional, because he feels that the independent votes is disenfranchised by that. City Attorney McCord read a proposed resolution authorizing the City Attorney to intervene on behalf of the City of Fayetteville in the Pulaski County, Arkansas lawsuit styled "The City of Little Rock, Arkansas, Plaintiff VS Roger Mears, Jr., Mrs. Phillis Brandon, and Bob Scott, as Members of the Board of Election Commissioners of Pulaski County, Arkansas, Defendants" No. 74-477 Pulaski County and for Other Purposes. Director Murray moved the resolution be approved. Director Utley seconded the motion. Director Carlson said it seemed to her that there would not be anything wrong with just having the first election at the general election time as you get the biggest interest and turn out at that time. She said that if there then has to be some run offs, they could be run off in two or three weeks and that the determination would be made before the time comes for the new directors to take office. She asked what the City of Little Rock's viewpoint is on the matter. City Attorney McCord said this is a declaratory judgment action seeking to have the act declared unconstitutional and enjoining the Board of Commissioners from accepting any nominations based on that act. Upon roll call vote the motion to approve the resolution passed unanimously. *Resolution No. 12-74 appears on Page of Ordinance and Resolution Book IV. 3. CONSTRUCT MAINTENANCE HANGAR AT DRAKE FIELD. City Manager Grimes said that he had been contacted by representatives of Skyways with a request that the City construct a maintenance hangar at Drake Field to replace the two old tin buildings Skyways is presently using for maintenance. He said they have requested a 75 ft. by 120 ft. building that 24 would cost approximately $45,000 and to be locat:ed between the present large hangar and the Tyson's hangar under construction. He said Skyways has asked that the City do this with a revenue bond with a lease with Skyways whereby they would pay out the bonds in 15 years. He said they would pay the principal and interest and would also pay the City $750 a year ground rent. At the end of the 15 years, the building would become the property of the City. City Manager Grimes said he feels the two old tin buildings are an eyesore. He said the lease would contain a clause that in the event the airport is moved, Skyways would have the option of moving it or leaving the building and it becomes the property of the City of Fayetteville. City Manager Grimes recommended the Board approve the proposal. Upon roll call vote the Board unanimously indicated its general approval of the proposal. 4. RIGHT OF WAY FOR TURN RADII ON COLLEGE AVENUE City Manager Grimes stated that the Arkansas Highway Department had contacted him concerning the possibility of widening College Avenue from a point 150 ft. North of Maple Street to a point 150 ft. South of Dickson'Street for the purpose of installing left turn lanes at Maple, Lafayette, and Dickson Street intersections. The Highway Department would do all the widening if the City will acquire the additional right-of-way, relocate any existing utilities, and install the signals. He estimated that by narrowing some sidewalks, an estimated 5 ft. of additional right-of-way at most locations would be necessary. City Manager Grimes recommended the City'tadviseathe High way Department that it wishes to pursue the project. 'He saidlurbantfiiW are'not availab1 for use on the designated federal aid routes. DirectorsTStanton and Utley expressed the need to get more information as to the cost that would be incurred before indicating approval of the project. Director Utley moved that the Board approve the concept of a program for widening the areas specified in cooperation with the Arkansas Highway Department but that final decision be held in abeyance pending a broad survey of costs. Director Noland seconded the motion. Upon roll'call vote -the motion passed unanimously. S. City Manager Grimes reported that there are two constitutional amendments "in the mill." There is one concerning the salaries of county officials and the Arkansas Municipal League has another whereby they are trying to get something similiar for municipal officials. The League has asked the Mayor of Fayetteville for some kind os indication as to what direction this Board is leaning concerning the salaries of municipal officials. Their proposed amendment would have to go the petition route and would require a minimum of 70,000 confirmed signatures. Mayor Purdy said he would like to check that the City is in favor. He said it seems Fayetteville should be in accord to amend the rule because he thought elected mayors are very underpaid. Director Utley said that for the sake of good government this Board should go on record as favoring a constitutional amendment to make it possible for the municipal officials in this State to be paid a living wage. He thought this would enhance the possibility of getting the support from other municipalities in the future. Director Stanton moved that the Mayor sign the inquiry to indicate that this Board is interested. Director Carlson seconded the motion. Director Utley requested that Mayor Purdy also add that "we will actively participate in the solicitation of signatures. Upon roll call vote the motion passed unanimously. 6. Director Orton requested a report from the City Manager at the next meeting on television cable reception. She said she had received a number of calls on that. City Manager Grimes agreed to contact Warner Cable regarding complaints 25 about television reception. 7. Gary Gilbert, Fayetteville asked who was in a position to make a public statement about the "police hot line" mentioned in an article in the newspaper. He said he found it hard to believe this would be an inducement for any sort of real information any more so than the telephone now available. He asked where this question would come to an official public quorum City Manager Grimes said that he realized that there will be a number of crank calls, but if they get one good lead it will be worth the cost of it for a good many years. He said the police will follow up each call and find out which ones are based on fact. Director Utley said that he was in favor of anything that might provide one clue to solve one crime. ADJOURNMENT There being no further business, Director Stanton moved the meeting be adjourned. Director Murray seconded the motion, which passed unanimously. Mayor Purdy then declared the meeting adjourned. ATTEST: APPROVED: Ai44e\e--eat 26