HomeMy WebLinkAbout1975-10-16 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OCTOBER 16, 1973
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, October 16, 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 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 September 18, 1973 and the October 2, 1973 meetings had been
distributed to the Board members prior to the meeting.
Mayor Purdy asked if there were comments regarding the minutes of the
September 18, 1973 meeting.
City Attorney McCord requested that the first paragraph on page 4 of those
minutes be amended to read: "City Attorney McCord stated that the Supreme
Court decisions are not clear as to whether the standards to be applied are
statewide standards or individual community standards."
Director Carlson requested that the following changes be made in those minutes:
Page 4, first paragraph - Correct the fourth sentence to read as follows:
"Director Orton said that she understood the motion to mean that at that
time the Board would reconsider this matter."
Page 7, near the bottom of the page - Change "or" to "on" so that the
sentence reads as follows: "Attorney Tom Burke said that the Planning
Commission had indicated through its Chairman that the Planning Commission
would look with disfavor toward them using access onto Highway 71 on the
existing access."
Page 8, first sentence - Reword the sentence to read: "Director Carlson said
that due to the contour of the land, turning North off Zion Road..."
Page 15, near the bottom of the page - Change "as" to "in" to cause the
statement to read: "Director Carlson agreed with her and said she did
not think the Board should put even this much of the plan in concrete."
Page 18, near the bottom of the page - Insert the underlined words to replace
the previous wording in the following paragraph: "Director Carlson asked
about charging them base landing fees. There was a discussion about whether
they are charged to others. City Manager Grimes said the City has charged
them to McCullough when they are flying that large plane in and that
charter flights are charged a landing fee.
Page 19, near the middle of the page - Change "freight" to "carrier" in the
following statement: "She said the reason we do this is to have a
certified air carrier, Frontier, come through here."
There being no further corrections, additions or deletions, the minutes of the
September 18, 1973 meeting were approved as amended.
There being no corrections, additions or deletions, the minutes of the
October 2, 1973 meeting were approved as distributed.
GROWTH AREA WATER SYSTEM - RATES, SI,ZE‘.&\LOCATiON QFNMAINS. REVENUE BONDS
Mayor Purdy presented the report and recommendation's Of the Water and Sewer
Committee concerning the proposed Growth Area Water System individual user
water rates, size and location of water mains to be extended, and revenue
bonds to be sold to finance the Growth Area System. Mayor Purdy stated that
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the Water and Sewer Committee has studied this matter very carefully and has
weighed the best interests of the City and the growth area and had started
out to build a top quality system. The committee realized that this would
result in a water rate high enough to inhibit the use of water and not do
the job intended to be done in the first place. The committee then pro-
ceeded to make plans for a quality system and reduce the cost a bit by
substituting cast iron pipe, in some cases, with asbestos cement, by the
reduction of a future building fund, by making some changes in a tank, and
certain other changes. The Water and Sewer Committee then came back and
said that they felt that certain of these pipes were so important to the
City that they felt that the pipes should be placed in cast iron rather
than asbestos cement and that the City should pick up the difference in
the cost. The cost of the system, Mr. Purdy reported, will be $1,200,000.
The proposed rate schedule is as follows:
Monthly service charge ranging from $6.00 per month for a 5/8" meter
to $395.00 per month for a 10" meter;
Monthly treated water rates ranging from $1.00 per 1,000 gallons for
the first 10,000 gallons to $.55 per 1,000 gallons for all over
5,000,000 gallons.
City Engineer Paul Mattke was present at the meeting to answer questions of
the Directors concerning the water system. Mr. Mattke pointed out on a map
the proposed line location and stated the size and type pipe proposed for
each line.
In answer to question asked by Director Carlson, Mr. Mattke said that for
report purposes 105 was the figure used for number of customers. The actual
count, Mr. Mattke said, was 117 using results of surveys by the City and the
Rural Development Authority. Mrs. Carlson expressed doubt that the figure
is valid since some persons, when replying to the City's questionaire would
be stating whether they would want the City to provide the water and when
responding to the RDA questionaire they would be saying whether they would
want RDA to provide the water.
In reply to questions from the audience, Mr. Mattke said that the Wyman
Road line will go as far as Roberts' Road since there was only one customer
further out. The person who asked the question said that he had just acquired
property further out on Wyman Road and that he would be the second potential
customer,
In answer to other questions, City Engineer Mattke said that initially there
will be no fire hydrants in the growth area except when one is necessary
for the operation of the system.
Wade Fincher asked for an estimate of the added expense for increasing the
line size of the Old Wire Road water line from 4 inches to 6 inches and
asked whether it would be permissible for the community using the water line
to pay the additional cost in order to get a 6 -inch line. Mr. Fincher was
told that it would be permissible for the people using the line to pay the
additional cost in order to get a 6 -inch line, but the engineers were unable
to provide an estimate of what the additional cost would be at this meeting.
Mr. Mattke stated that he felt that a 4 -inch line would be adequate since
the line is a loop and the line size will be reduced from 12 inches to 8
inches to 6 inches to 4 inches in that area. Mr. Fincher, however, felt
that a 4 -inch line would not be adequate in the future.
Mayor Purdy suggested that this agenda item be divided into four sections
for the purpose of discussion and approval. The first step was approval
of the water rate schedule.
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Director Stanton moved that the rate schedule recommended by Black and Veatch
as set forth in their letter to Paul Mattke, City Engineer, dated October 5, 1973,
be approved. Director Utley seconded the motion.
Director Carlson said that she will vote "No" on any question placing additional
bonded indebtedness on the City, because she does not feel that the City can stand
further indebtedness. Director Carlson commented that the Board has not been
properly briefed by the City Controller and the City Attorney. Mrs. Carlson told
the Board that by acting on these matters relating to rural water service, the City
is trying to control the business outside the City. "I think we should sell it
to rural water districts at a reasonable wholesale rate and the City should not
attempt to extort an exorbitant amount of sums from the rural neighbors," Director
Carlson said.
Upon roll call vote on the motion to approve the rate schedule recommended by Black
and Veatch, the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
The second step was consideration of the amount of revenue bonds to be sold for
the proposed rural water service project.
City Manager Grimes explained that the City must provide a total project cost esti-
mate to the financial consultants employed by the City. When the financial consul-
tants receive that information they can complete the bond package they are preparing
for review by the City Board.
Director Stanton moved that the City Manager be authorized to contact the
financial consultants and ask them to prepare a proposed bond package for
advertising using $1,200,000 as the project cost, the proposed bond package
being subject to approval by the Board of Directors. Director Orton seconded
the motion.
Director Carlson asked whether the Board would have a report from the City
Attorney prior to consideration of the bond package which is being prepared.
City Attorney McCord said that he would assume that former City Attorney David
Malone would prepare a report since Mr. Malone is still handling the legal work
for the Water and Sewer Department.
Upon roll call vote on motion made by Director Stanton, the following vote was
recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
The third step was consideration of the line location as presented by the City
Engineer earlier in the meeting.
There was some discussion as to whether or not it is necessary that the Board
approve the location of the lines since City ordinances provide that the lines
shall be placed with the approval of the City Engineer. City Manager Grimes
said that he thought it would be appropriate for the minutes to reflect that
the Board has approved the work program since the growth area system is new to
the City of Fayetteville.
Director Utley moved that the City Board go on record as endorsing the City
Engineer's plans for serving the potential growth area as to location of the
lines, line size, and engineering aspects, within the limitation of the $1,200,000
estimated project cost.
Carl Yates, eengineer, asked whether the engineers would be allowed to make
minor changes in thb plans without coming back to the Board for approval. Paul
Mattke suggested that the approval be "in"principle" to allow the engineers
some flexibility.
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Director Utley then restated the motion as follows: "Move that the Board
approve the plans proposed by City Engineer Paul Mattke and that modifi-
cations to that proposed system required by engineering or increased demand
in the area be left to the engineering prerogative as long as it is held
within the monetary provisions set by the Board." Director Stanton seconded
the motion.
Upon roll call vote the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
The fourth step was consideration of whether or not the City shall pick up
the additional cost ($52,000 approximately) of using cast iron pipe rather
than asbestos cement for certain designated lines.
City Engineer Paul Mattke itemized the lines proposed to be cast iron rather
than asbestos cement. The five lines proposed to be changed are as follows:
1. Eight inch line on Highway 45.
2. Six inch line north to complete the loop back into the Beaver line.
3. Six inch line also looping back into the Beaver line on Zion Road.
4. Eight inch line south to Farmington.
5. Eight inch line along Highway 16 West.
Mr. Mattke reported that the five changes amount to approximately 55,000 feet
of pipe and will result in approximately $52,000 increased construction costs.
City Engineer Mattke concurred with Director Utley that by making the proposed
changes the City is prolonging the facilities we now have so the changes are
for the City's benefit.
Director Carlson said that she felt that it would be beneficial to the City
residents and the residents outside the City if the rural people built the
water system themselves according to City specifications. "I do not see the
reason why the City system has to become further indebted to build a water
system to serve rural residents and the rural residents will have no authority
to manage the system. Rural people have no vote on this Board," Mrs. Carlson
said
Director Noland moved that the City pick up the difference in cost on the
indicated lines as far as size and type of pipe, assuming the total project
is completed. Director Utley seconded the motion.
Director Carlson urged the Directors to read the City ordinances and be
sure they are following the ordinances before voting. She asked the City
Attorney to brief the Directors before they voted.
City Attorney McCord said that he sees no harm in the Directors' approval
of this preliminary concept.
Upon roll call vote on the motion made by Director Noland, the following
vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion passed.
J. R. Brown of Black and Veatch Consulting Engineers commented on the wholesale
water rates proposed to be charged. Director Carlson had indicated that she
felt that the rates were not comparable to the rates which the rural water
districts would charge. Mr. Brown stated that the rates were predicated
with the costs associated with the Beaver supply, treatment of the water at
Beaver, transmission of water from Beaver to Fayetteville, and the use of
storage facilities in Fayetteville. "No distribution facilities in
Fayetteville were included in the wholesale cost for Fayetteville," Mr. Brown
added. Mr. Brown also commented that when rate comparisons are made, one
should be sure the comparison is based on the same terms.
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REZONING PETITION R73-33 - BROOKS, BRANDON, TURLEY CN.BEHALf QF COGER
Upon request of Mayor Purdy, City Attorney McCord iead'a'p¥opo'sed ordinance to
rezone a 15.11 acre tract located on the south side of Zion Road between
Highway 71 North and Old Missouri Road from A-1, Agricultural District, to
R-2, Medium Density Residential, for the northern 150 feet of the property
(1.13 acres) and R-0, Residential Office District, for the remainder
(13.97 acres). Petitioners are W. Ely Brooks, H. B. Brandon, and Jan Turley,
acting on behalf of Richard and Kay Coger.
Director Murray moved 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
City Attorney McCord read the proposed ordinance the second time.
Director Murray moved the rules be furtherr suspended and the proposed ordinance
be placed on third and final reading. Director Utley 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 called for discussion from the proponents on this issue.
Sid Davis, attorney for the petitioners, announced that the petitioners wish
to build a 4,000 square feet urology clinic on the property. The petitioners
have a contract to purchase subject to rezoning. If the reioning petition is
not granted, the petitioners plan to move to Springdale as they feel Springdale
would be the next most feasible site. Mr. Davis explained that the petitioners
request R-0 zoning for the majority of the tract because R-0 will allow a
professional Office building without Planning Commission approval. Mr. Davis
said that the petitioners have no plans for apartment development for this
property. The property, at the present time, opens only on Zion Road, however,
the property is within 140 feet of Stearns Road and the petitioners have an
oral committment from Mr. Rumsey, who owns property between the petitioners'
property and Stearns Road, that the petitioners will be allowed to "...hook up
the south end of their property with what will become Stearns Road." Mr. Davis
commented that R-0 zoning for this property would provide a barrier from
further encroachment of commercial zoning to the east of this ownership.
Mayor Purdy commented that he seriously objects to dumping more traffic into
the area of the Zion Road/Highway 71 North intersection. "I could feel more
kindly if the building had been placed on the south end with a committment
to use Stearns Road and keep traffic off Zion Road," Mayor Purdy said.
Dr. Robert Kilgore, representing a group of Zion Road residents, spoke in
opposition to the rezoning request, stating, "No one seriously objects to the
doctors building their clinic as proposed - it is much desirable to a high
rise apartment. It would be nice if this were the end of the encroachment.
We are concerned as to the attitude of the Planning Commission and City Council
as to the development of the gas company valley. A park is proposed around
the lake. It would be a shame to ruin this lake by hodge-podge zoning."
Dr. Kilgore concluded his statement by asking the Board to not take a passive
role but to be active and have definite objectives.
In answer to Mayor Purdy's question, Dr. Kilgore said, "If we could be assured
that this was the final line of encroachment we would not object to this request
Jamie L. Jones, Jr was present at the meeting to speak in opposition to the
rezoning request. Mr. Jones was concerned about the fact that should the
petitioners change their minds about building a clinic on the property, the
residents of the area would have no recourse and the property could be used
for any type of business, residence, or apartments.
H. R. McPherson commented, "It will be difficult to make a good park out there
because the planning has already butchered it up."
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Attached to the Directors' agenda was a memorandum from Bobbie Jones,
Planning Administrator, expressing her concern about whether a building
permit could be issued for this property unless the developer dedicates and
builds a City street into the R-0 zone if the property is rezoned. Sid
Davis said that the petitioners had requested R-0 zoning for the entire tract
to avoid the problem of access through either an R-2 zone or an A-1 zone.
Mr. Davis stated also, "Whatever we have to work out on the streets is our
problem."
Director Orton said that the only way she could vote for rezoning this tract
would be if it were zoned R-1 to the depth .of the Mormon Church property and the rest of
the tract zoned R-2 or R-0 with entrance on Stearns Road. "This would keep
residential on Zion Road and would allow the doctors to build their building,"
Mrs. Orton said.
Director Noland expressed two reservations regarding this rezoning request:
(1) That there may be one clinic and then other unknown development, and
(2) The traffic problem on Zion Road. Director Noland asked the City Manager
what is being done about traffic control at the Mall. City Manager Grimes
replied that neither the County nor the State will participate in the
project of signalization at the Mall entrances.
Director Orton moved that the proposed ordinance be amended to rezone the
property to R-1 from Zion Road back 648 feet which would line it up with
the back of the church property and then rezone the remainder R-0.
City Attorney McCord suggested that a vote be taken on the proposed ordinance
and if the ordinance does not pass, another vote can be taken on another
ordinance. There was no second to the motion to amend.
Sid Davis stated that if the property cannot be rezoned as requested by the
petitioners, the petitioners will not exercise their option to purchase the
property.
Director Orton reminded the Board that according to the Land Use Plan this
property should be R-1. "There is no assurance that this will be the buffer,
because before the church was to be the buffer," Mrs. Orton added.
Director Murray commented that he felt that the "softest" break from commercial
into residential is R-0.
Director Carlson said, "The church doesn't have a zoning of C-2 or R-0 or
anything else. A doctor's office can be in certain areas because it is a
doctor's office. Therefore, a doctor's office can be there if it is resi-
dential, too. This land should be R-2 - or R-1 at the top and R-2 at the
bottom."
Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon roll call
the following vote was recorded:
"Ayes" Purdy, Noland, Utley, Murray and Stanton.
"Nays" Orton and Carlson.
There being five "Ayes" and two "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1947 appears on pages 220 and 221 of Ordinance and Resolution
Book 3.
LOT SPLITS - WARREN WEST FOR OLD WIRE ROAD PROPERTY
Upon request of the Mayor, City Attorney McCord read a proposed ordinance to
accept the dedication of street right-of-way and/or utility easements in the
waiver of subdivision requirements (lot splits) submitted by Warren West for
property located on Old Wire Road North.
Director Murray moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Utley seconded the motion. Upon roll call
the motion passed unanimously.
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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.
Director Carlson said that she felt that more than a 60 -foot right-of-way
should be required for Old Wire Road.
City Attorney McCord read the proposed ordinance the third and final time,
after which Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon
roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the Mayor declared the Ordinance passed.
*Ordinance No. 1948 appears on page 222 of Ordinance and Resolution Book 3.
LARGE SCALE DEVELOPMENT PLAN - ROBINSONNFORNM£DiCAL TOWERS
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
accept the dedication of street right-of-way and/or utility easements and
approving the Large Scale Development Plan of Sam Robinson, Jr., for Fayetteville
Medical Towers, located at the southeast corner of North Street and College
Avenue.
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.
City Attorney McCord read the proposed ordinance the second time.
Director Stanton moved the rules be further suspended and the proposed ordinance
be placed on third and final reading. Director Utley seconded the motion. Upon
roll call vote the motion passed unanimously.
City Attorney McCord read the proposed ordinance the third and final time.
Hugh Kincaid, attorney for the developer, presented a deed for the additional
right-of-way requested during Planning Commission hearing. The Large Scale
Development Plan was approved by the Planning Commission "contingent upon the
dedication of additional right-of-way along the south side of North Street in
an amount necessary to bring the right-of-way total to 50 feet."
In answer to Director Utley's question, Mr. Kincaid said that the additional
right-of-way covered by the deed takes care of the turn radii on the corner.
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. 1949 appears on page 223 of Ordinance and Resolution Book 3.
Director Carlson suggested that a bsz da'c'e ctuhmeice be included in the S'ong-
range plans for the Medical Towers building so that patients could be moved
easily between the building and the hospital.
LARGE SCALE DEVELOPMENT PLAN - _TYSON'S AIRPORT HANGAR A1' DRAKE FIELD
Upon request of the Mayor, the City Attorney read a,proposed ordinance to
accept the dedication of street right-of-way and/or utility easements and
to approve the Large Scale Development Plan for the Tyson's airport hangar at
Drake Field.
Director Noland moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Murray seconded the motion, which, upon
roll call vote, passed unanimously.
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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 McCord read the proposed ordinance the third and final time,
after which the Mayor asked the question, "Shall the Ordinance pass?" Upon
roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance
passed.
*Ordinance No. 1950 appears on page 224 of Ordinance and Resolution Book 3.
LARGE SCALE DEVELOPMENT PLAN - ADDITIONS TO ORTHOPEDIC CLINIC (COLLEGE AND
SYCAMORE)
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance
accepting the dedication of street right-of-way and/or utility easements
and approving the Large Scale Development Plan for additions to Orthopedic
Clinic, located at 1673 North College Avenue (College and Sycamore).
Director Murray moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Stanton seconded the motion. Upon roll
call the motion passed unanimously.
City Attorney McCord 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 Orton seconded
the motion. Upon roll call vote the motion passed unanimously.
City Attorney McCord read the proposed ordinance the third and final time.
The Planning Commission had approved the Large Scale Development Plan
"contingent upon the dedication of additional right-of-way in an amount
necessary (1) to conform to the Master Street Plan along Sycamore Street;
and (2) for the turn radius at the southwest corner of Sycamore and College."
Director Noland asked whether the additional right-of-way had been dedicated.
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,rr
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. 1951 appears on page 225 of Ordinance and Resolution Book 3.
CLOSE AND VACATE ALLEY IN BROAD ACRES SUBDIVISION.- FRALEY AND CARNES
City Attorney McCord read a proposed ordinance to close and vacate an alley
located in Broad Acres Subdivision, due south of Garland Avenue at the dead
end on Cato Springs Road (Highway 265 South). Petitioners are Earvel E. Fraley
and Orval Carnes.
Director Orton noted that no action was taken on the matter of this petition
at the February 27, 1973 Board meeting pending completion of a comprehensive
study of the area by the Planning Commission. Director Orton asked why the
matter had been placed on the agenda since the study has not been completed.
David McWethy, Administrative Aide, explained that for the purposes of this
petition the Planning Commission Chairman indicated that the area of the
Fraley property will in all probability be recommended for low or medium density
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residential uses and that the Board could consider the petition on that basis.
Director Orton said that since the petitioners have been waiting a long time for
a decision from the Board, she felt that it would be proper to act on the petition
now; however, Director Orton added that she would hope that the Board would not
be asked to act on other matters affecting this area until the study is completed.
Director Stanton 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
City Attorney McCord read the proposed ordinance the second time.
Director Orton 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 tithe, after
which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call
the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" None.
Director Carlson abstained from voting.
There being six "Ayes", no "Nays", and one abstaining vote, the Mayor declared
the Ordinance passed.
*Ordinance No. 1952 appears on pages 226 and 227 of Ordinance and Resolution
Book 3.
REZONING - EARVEL E. FRALEY
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
rezone a 1.18 acre tract located at 1035 West Cato Springs Road from I-1, Heavy
Commercial and Light Industrial District, to R-1, Low Density Residential District.
Petitioner is Earvel E. Fraley.
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.
City Attorney McCord 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, after
which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call
the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being, seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1953 appears on page 228 of Ordinance and Resolution Book 3.
INSPECTION SUPERINTENDENT REPORTS ON SIGN ORDINANCE ENFORCEMENT
Inspection Superintendent Harold Lieberenz presented a report on the enforcement
of the City's Sign Ordinance. Mr Lieberenz reported good cooperation from
businessmen regarding this matter Work on the matter of leases.=for non -conforming
signs will begin soon, Mr. Lieberenz said.
Director Carlson stated that she would like to see an administrative recommendation
that the sign ordinance be amended to make the charge for permits more comparable
to the cost of the issuance of the permit. Mr. Lieberenz had reported that about
$150 has been collected for the issuance of sign permits and the department has
spent about $1100 so far in the enforcement of the ordinance.
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RESOLUTION AUTHORIZING THE TRANSFER OF THE CABLENTV FRANCHISE
City Attorney McCord read a proposed resolution 'Co approve the transfer of
the cable TV franchise from Television Communications Corporation (doing
business as Trans -Video of Arkansas) to Warner Cable Corporation.
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. 85-73 appears on page 184 of Ordinance and Resolution Book 3.
RE4UEST BY RESIDENTS OF SHERYL AVENUENAND HAROLD STREET FOR INSTALLATION OF
A SERVICE ROAD FROM ROLLING HILLS DRIVE TO K -MART DEPARTMENT STORE
Attached to the agenda of the Directors was a lett^ e 'signed by several
residents of Sheryl Avenue and Harold Street asking the City to install a
service road from Rolling Hills Drive to the new K -Mart Department Store
at Rolling Hills Drive and Highway 71. "This action must be taken due to
the increased use of Sheryl Avenue and Harold Street in order to enter the
K -Mart parking lot without entering Highway 71 as a connecting road. This
increased use of Sheryl Avenue and Harold Street is a threat to the safety of
residents and children and action must be taken as soon as possible," the
letter stated.
City Manager Grimes stated that he felt that it would be appropriate that he
contact the owners of the theater and try to work out an arrangement whereby
traffic could use the theater parking lot. Then a short segment would be
required to connect the theater parking lot and the K -Mart parking lot, Mr.
Grimes said. Mr. Grimes also said that when the signalization is completed at
Rolling Hills Drive and Highway 71 intersection, the situation should be
alleviated somewhat. The foundation for the signalization will be started
on October 17, Mr. Grimes reported. Mr. Grimes suggested also that this
matter can be called to the attention of the Planning Commission so that
when a Large Scale Development Plan is submitted for the property between
the theater and K -Mart, the Planning Commission can keep this matter in mind.
Director Carlson suggested that this proposed service road be placed on the
Master Street Plan map immediately.
It was the consensus of the Board that the City Manager be authorized to
pursue the matter of the installation of a service road from Rolling Hills
Drive to the new K -Mart Department Store.
AIRPORT PARKING FACILITIES
Attached to the Directors' agenda was a plot plan showing the proposed
parking facilities at Drake Field. City Attorney McCord read a proposed
resolution authorizing the re -allocation of $5,500 from the 1972 Revenue
Sharing Budget allocated for airport ramp paving to airport automobile parking
facilities.
In answer to Director Utley's question, City Controller Pat Tobin stated that
the first year after the parking gates are installed, the City should collect
enough revenue to pay for this project.
In answer to Director Carlson's question, City Manager Grimes said that the
parking areas at the airport are not well lighted and added that he will ask
the power company to make a plan for lighting the area.
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Director Murray moved the resolutbn 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. 86-73 appears on page 185 of Ordinance and Resolution Book 3.
BID #221 - ANNUAL REPORT PRINTING
Attached to the Directors' agenda was bid tabulation for Bid #221, Annual
Report printing, and recommendation that the low bid of McRoy and McNair be
awarded in the amount of $5,612.94 for 10,000 copies plus $180.00 for an
additional 500 copies. It was further recommended that an additional $2,000
be appropriated from the Contingency Balance of the 1972 Revenue Sharing Fund
for printing, postage, and handling charges.
Director Orton suggested that the Annual Report be printed on recycled paper.
David McWethy reported that he has not been able to locate a supplier of
recycled paper of the weight necessary for the Annual Report. Mr. McWethy
also said that enamel paper is required for the Annual Report since photographs
will appear in it.
City Manager Grimes suggested that another effort be made to acquire recycled
paper for printing the Annual Report.
City Attorney McCord read a proposed resolution to accept the low bid of McRoy
and McNair and to appropriate an additional $2,000 from the Contingency Balance
of the 1972 Revenue Sharing Fund for printing, postage, and handling charges.
Director Stanton moved the resolution be adopted. Director Carlson 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. 87-73 appears on page 186 of Ordinance and Resolution Book 3.
CONSTRUCTION CONTRACT FOR LEWIS STREET SEWER LINE
Attached to the Directors' agenda was a letter from City Engineer Paul
Mattke regarding the award of sewer line contract for the construction of the
remaining portion of the sewer line on Lewis Street. The letter read as follows:
"The project as originally budgeted in FY -71 was in the amount of $11,375.00.
The actual costs to date on this project have been $11,120.20. The estimated
cost for completion is $20,412.50.
"The reason this project is costing more than the original estimate is due to
increased construction costs resulting from inflation. The original preliminary
cost estimate was made approximately three years ago and has never been updated.
"Considerable rock excavation has been encountered; and is anticipated in the
remaining portions, that was not provided for in the original estimate. The
rock excavation alone and the extra work associated with it, amounts to approxi-
mately $14,000.00 of this latest bid.
"This was the only bidder for this project and I do not anticipate being able
to secure additional bids for this project within this construction season We
do not have the capability of completing this project with our in-house forces.
The unit costs as bid are slightly higher than what we consider to be our
estimating averages, but considering the area involved and the problems associated
with this project, I do not consider them to be excessive.
"Therefore, I recommend award to O.L. Capwell Construction Company, Springdale,
Arkansas, in the amount of $20,412.50. Request this be taken to the Board at the
October 16 Board meeting, and that the Mayor and City Clerk be authorized to sign
the contracts for this work.
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"The $20,412.50 is not provided within our budget. Therefore, I recommend
$20,412.50 be removed from the $50,000.00 Contingency Fund provided in this
years budget."
City Manager Grimes and City Engineer Mattke explained that another con-
tractor had started this project but was unable to complete the project
because he lacked the work force and the materials necessary to complete it.
City Manager Grimes recommended that the contract be awarded to O.L. Capwell
Construction Company in the amount of $20,412.50, and that the $20,412.50
be allocated for this project from the Contingency Fund of the 1973-74
Water and Sewer Budget.
City Attorney McCord read a proposed resolution to authorize the Mayor and
the City Clerk to execute a contract with O.L. Capwell Construction Company
for the construction of a sewer line on Lewis Street.
Director Noland moved the resolution be adopted. Director Murray 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. 88-73 appears on page 187 of Ordinance and Resolution Book 3.
City Attorney McCord read a proposed resolution to authorize the allocation
of funds ($20,412.50) from the Contingency Fund of the 1973-74 Water and
Sewer Budget for the completion of the sewer line project on Lewis Street.
Director Utley 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. 89-73 appears on page 188 of Ordinance and Resolution Book 3.
MISCELLANEOUS REPORTS
Director Carlson, in a memorandum to City Manager Grimes, had requested
reports on the enforcement of Fayetteville's sign ordinance, progress of
employees' pension fund audit, and progress on the revision of our animal
control ordinance.
City Manager Grimes reported that the City has requested and has received
proposals from auditing firms for the performance of an audit of the employees'
pension fund. Mr. Grimes said that hopefully a recommendation regarding a
firm to perform the audit can be presented at the next regular meeting of
the Board.
City Manager Grimes reported that he has met with representatives of the
Humane Society and another meeting will be scheduled for a later date.
Mr. Grimes said that probably a proposed animal control ordinance will be
prepared within the next month.
Director Carlson asked the City Attorney the status of the appeal to the
Supreme Court. City Attorney McCord reported that the transcript has been
filed with the Supreme Court.
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OFFICE RENT FOR CITYNATTORNEY
City Manager Grimes reported that City Attorney McCord is being charged $300
per month for office rent rather than $200 per month as was originally allocated.
The City Manager requested that the Board authorize additional monies to pay the
increased office rent.
Director Orton moved the additional allocation for office rent be approved.
Director Noland seconded the motion. Upon roll call vote the motion passed
unanimously.
ADJOURNMENT
There being no -further business, Director Stanton moved the meeting be adjourned.
Director Orton seconded the motion. The motion passed unanimously, whereupon
Mayor Purdy declared the meeting adjourned at 11:58 P.M.
APPROVED:
ATTEST:
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