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Home My WebLink About1970-08-17 Minutes11 1 1-134 1 2-134 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS August 17, 1970 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, August 17, 19709 in the Directors Room in the City Administration Building at 7:30 p.m. Present: City Manager Wesley M. Howe, City Clerk Marilyn Moore, City Attorney David Malone, and Directors McFerran, Melton, Lancaster, Dunn. Absent at Roll Call but later entering: Director Starr. Absent: Directors Jones and Swartz. Representatives of the Press were present. The Minutes of the last regular meeting on Monday, August 3, 1970, a copy of which had been previously mailed to each of the Directors, were approved as written. The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARTIAL RELEASE DEED DISCHARGING AND RELEASING THE LIEN HELD BY THE CITY OF FAYETTEVILLE ON CERTAIN REAL ESTATE IN PHASE I AND PHASE II OF WINWOOD ESTATES SUBDIVISION. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Dunn, and upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, and Dunn. "Nay" none. There being four "Ayes" and no "Nays", the Mayor declared the Resolution adopted. * Resolution No. 45-70 is on page 10 of Ordinance and Resolution Book 2. Director Starr entered at this time. The City Manager read Planning Commission Resolution 9-70 reporting the recommendation of the study on billboards and sign restrictions in Ordinance No. 1747 as requested by the Board of Directors on June 29, 1970. The reso- lution recommends that the City adhere to the setbacks under Ordinance No. 1747 with regard to billboards, and that no changes be made in the setback requirements for billboards in the C-2, I-1, and I-2 Districts; and that A-1 Zoning District not be changed to permit Use Unit 24, Outdoor Advertising, either as of right or conditionally. Representatives of the Donrey Advertising Company and their attorney were present to protest the recommendation of the Planning Commission and the restrictions of Ordinance No. 1747. They asked that the Planning Commission be requested to review in detail the provisions of the Ordinance with respect to billboards and signs. The representatives also requested that they be allowed to present a full report to the Planning Commission. The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety REQUESTING THE PLANNING COMMISSION TO REVIEW IN DETAIL THE PROVISIONS OF ZONING ORDINANCE NO. 1747 WITH RESPECT TO BILLBOARDS AND SIGNS AND TO STUDY THE FEASIBILITY OF ALLOWING SIGNS AND BILLBOARDS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE TO BE CONTINUED AS NONCON- FORMING USES WITH THE PROVISIONS OF THE ORDINANCE BEING APPLICABLE ONLY TO SIGNS AND BILLBOARDS CONSTRUCTED OR ERECTED AFTER THE EFFECTIVE DATE OF THE ORDINANCE. Director Dunn moved that the Resolution be adopted. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the Resolution adopted. * Resolution No. 46-70 is on page 11 of Ordinance and Resolution Book 2. 134 0 The City Attorney introduced, and at the request of the Mayor, read a proposed 1-135 resolution in its entirety AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ONE CERTAIN CONTRACT GUARANTEEING INSTALLATION OF IMPROVEMENTS IN BUTTERFIELD SUBDIVISION BY AND BETWEEN ESCO DEVELOPMENT COMPANY, INC. AND THE CITY OF FAYETTEVILLE. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five 'Ayes" and no "Nays", the Mayor declared the Resolution adopted. * Resolution No. 47-70 is on page 12 of Ordinance and Resolution Book 2. The City Attorney introduced, and at the request of the Mayor, read a proposed 2-135 ordinance in its entirety for the first time entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF BUTTERFIELD SUBDIVISION OF THE CITY OF FAYETTE- VILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN." Director McFerran moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Lancaster and passed unanimously. The Ordinance was then read for the second time. Director Starr moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran and passed unanimously. The Ordi- nance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked ' the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the Ordinance passed. * Ordinance No. 1756 is on page 6 of Ordinance and Resolution Book 2. The City Attorney introduced, and at the request of the Mayor, read a proposed 3-135 resolution in its entirety AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ONE CERTAIN PARTIAL RELEASE DEED DISCHARGING AND RELEASING THE LIEN NOW HELD BY THE CITY 3F FAYETTEVILLE ON CERTAIN REAL ESTATE IN BUTTERFIELD SUBDIVISION. Director Starr moved that the Resolution be adopted. The motion was seconded by Director McFerran, and upon roll call the follow- ing vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the Resolution adopted. * Resolution No. 48-70 is on page 13 of Ordinance and Resolution Book 2. Director McFerran moved to endorse a communication from the City of Fayetteville 4-135 to the Arkansas State Highway Commission urging them to design and reconstruct Highway 71 North of the 71 Bypass in accordance with adopted master street plan, limited access and other City design standards. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the motion passed. The date of the next regular meeting was set for September 9, 1970 because of the 5-135 Labor Day Holiday. 135 3 1-136 The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled "AN ORDINANCE AUTHORIZ- ING THE CITY MANAGER OR HIS DULY AUTHORIZED REPRESENTATIVE TO PROHIBIT USES OF WATER FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC WELL- BEING; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATION; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; AND DECLARING THE PRESENCE OF AN EMERGENCY." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Lancaster and passed unanimously. The Ordinance was then read for the second time. Director Dunn moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being five "Ayes" and no '.'Nays", the Mayor declared the Ordinance passed. * Ordinance No. 1757 is on page 7 of Ordinance and Resolution Book 2, 2-136 Mayor Melton presented the following Proclamation to the Board of Directors: WHEREAS, there has been duly presented to the Mayor of the City of Fayetteville, Arkansas, a petition signed by electors equal in number to fifteen (15) per centum of the aggregate number of votes cast at the next , preceding general municipal election for all candidates for the office of director for the director position for which the greatest number of votes were cast, and WHEREAS, said petition requests the submission of the question of organi- zation of the City of Fayetteville at a special election to determine whether or not the City of Fayetteville, Arkansas, shall be reorganized under the aldermanic form of government, and WHEREAS, Act 4979 1965 Acts of Arkansas, provides for the Mayor, upon receipt of such petition, to call a special election at which time said question or organization of city government shall be presented. NOW, THEREFORE, I Garland Melton, Jr., Mayor of the City of Fayetteville, Arkansas, hereby proclaim that a special election shall be conducted in the City of Fayetteville, Arkansas, on the 3rd day of November, 1970, at which time the question of reorganization of the City of Fayetteville, Arkansas, under the aldermanic form of government shall be submitted and voted upon by the duly qualified electors of the City of Fayetteville, Arkansas. SIGNED AND ISSUED this 17th day of August, 1970, GARLA 1 M LTON, JR., MAYO 136 4 Mr, J. R. Brown and Mr. Terry Scott, Consulting Engineers, Black and Veatch, 1-137 presented the Report on Water and Sewerage Revenue Requirements and Cost of Service to the Board of Directors. The report is divided into three parts. The first deals with the revenue requirements of the City water and sewerage system; the second with the cost of providing water service; and the third with the cost of providing sewerage service. The report uses three parameters in evaluating the present financial condition of the Water and Sewer Depart- ment. First, on the basis of an examination of revenue requirements exclusive of financing additional major capital improvements, this test indicates future total revenues would be deficient from 5 per cent to 24 per cent per year. Second, on the basis of meeting all revenue requirements including cash financing major capital improvements, this test indicates future revenues would be deficient 129 per cent to 310 per cent per year. Third, on the basis that net revenues (operating revenues less operating expenses) be 33 1/3 per cent greater than annual debt service as required in the out- standing bond ordinances. Under this provision the City is currently in default on revenue bonds presently outstanding and it would require a 27 per cent increase in revenues to meet this requirement. To meet all the requirements, it is prudent to finance major capital improvements, having long service lives, through debt financing. Based upon this premise, and recognizing all other revenue requirements, it has been found that a 60 per cent increase in the level of water revenues will finance current water system requirements and that an initial increase of approximately 175 per cent and a subsequent 35 per cent increase five years later, in sewerage service charge revenue will finance sewerage system requirements. These increases will allow the Department to meet all obligations with minimal coverage on existing and proposed revenue bond financing. (Complete 119 page report is on file in the Office of the City Clerk.) There being no further business, Director Starr moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: C. G. MELTON, JR., MAYOR V ATTEST: 6�� MARILYNMOORS ITY CLERK 137