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HomeMy WebLinkAbout1971-03-15 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS ' March 15, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, March 15, 1971, in the Directors Room in the City Admini- stration Building at 7:30 p.m. Present: City Manager Wesley M. Howe, City Clerk LoVetta Moore, City Attorney David Malone, and Directors Orton, Purdy, McFerran, Lancaster, Utley and Stanton. Absent: Director Starr. Others Present: Representatives of the City Administration and Press. The meeting was conducted by Ernest Lancaster, Asst. Mayor, in the absence of Mayor Starr. The minutes of the last regular meeting on Monday, March 1, 1971, a copy of which had previously been mailed to each of the Directors, were approved. The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM R-1 LOW DENSITY RESIDENTIAL TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance to comply with a rezoning petition from W. B. Roper Associates, Inc. to rezone a tract of land con- taining 11.7 acres located south of 24th Street and some 300 feet east of Highway 71. Director McFerran moved that the rules be suspended and the ' Ordinance be placed on second reading. The motion was seconded by Director Utley and passed unanimously. The Ordi- nance was then read for the second time. Director Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Orton and passed unanimously. The Ordi- nance was then read for the third and final time. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1787 is on Pages 68 and 69 of Ordinance and Resolution Book 2. The City Attorney read, at the Asst. Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Release Deed to Benny A. Winborn and Mildred B. Winborn on Lots 3 and 4. Block 1, Phase II, of Winwood Estates Subdivision, Director Purdy moved that the Resolution be adopted. The motion was seconded by Director Utley, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 16-71 is on Page 60 of Ordinance and Resolution Book 2. ' The City Attorney read, at the Asst. Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Release Deed to Leo P. Peel on Lots 4, S, 6 and 7, Block 1, and Lots 1, 2 and 3 in Block 2, and Block 3, of Parkwood Subdivision. 193 1-193 2-193 3-193 I 1-194 Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, and Utley. "Abstain", Stanton. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 17-71 is on Page 61 of Ordinance and Resolution Book 2. The Asst. Mayor opened for public hearing the issue of vacating and abandoning a portion of Seventh Street. There being no objections from the audience, the public hearing was closed and the City Attorney read a proposed Ordinance in its entirety entitled AN ORDINANCE VACATING AND ABANDONING A PORTION OF SEVENTH STREET LYING BETWEEN SCHOOL AVENUE AND LOCUST AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the second time. Director Stanton moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the third and final time. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1788 is on Pages 70 through 72 of Ordinance and Resolution Book 2. 2-194 The Asst. Mayor opened for public hearing the issue of vacating and abandoning an alley in Ferguson's Addition. There being no objections from the audience, the public hearing was closed and the City Attorney read a proposed Ordinance in its entirety entitled AN ORDINANCE VACATING AND ABANDONING AN ALLEY RUNNING NORTH AND SOUTH FROM EIGHTH STREET TO SIXTH STREET THROUGH BLOCKS 9 AND 8 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, Director Purdy moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the second time. Director Orton moved that the rules be further suspended and 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 final time. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1789 is on Pages 73 and 74 of Ordinance and Resolution Book 2. 3-194 The Asst. Mayor opened for discussion a proposed Ordinance concerning curb cuts and construction of sidewalks, drives, curbs and guttering, which was deferred from previous meetings, and asked City Manager Howe to explain the changes that were agreed upon in his meeting with Directors Utley and Stanton. These changes were explained and discussed. At the Asst. Mayor's request, the City Attorney read the proposed Ordinance in its entirety entitled AN ORDINANCE AML REQUIRING THAT AN ORDER OF THE BOARD OR A PERMIT BE OBTAINED PRIOR TO COMMENCE- MENT OF A CURB CUT OR CONSTRUCTION OF A SIDEWALK, DRIVE, CURB, OR GUTTERING, PROVIDING STANDARDS FOR ISSUANCE OF PERMITS; AND PROVIDING SPECIFICATIONS FOR SAID CONSTRUCTION OR ALTERATION. Director Utley moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Stanton and passed unanimously. The Ordinance was then read for the second time. Director Orton moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the third and final time. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1790 is on Pages 75 through 80 of Ordinance and Resolution Book 2. The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in 1-195 its entirety entitled AN ORDINANCE GRANTING TO HAROLD MATHIS, AND TO HIS SUCCESSORS, LESSEES AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS AND HIGHWAYS AND OTHER PUBLIC PLACES OF THE CITY FOR THE PURPOSE OF OWNING, LEASING OR OTHERWISE ACQUIRING, MAINTAINING AND OPERATING A PASSENGER BUS SERVICE TO BE USED IN FURNISHING OR SUPPLYING THE INHABITANTS OF FAYETTEVILLE, ARKANSAS, OR ANY OTHER PERSON, FIRM ' OR CORPORATION WITHIN THE SAID CITY WITH PUBLIC BUS TRANSPORTATION; FIXING A PRIVILEGE TAX THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND FOR OTHER PURPOSES. The Asst. Mayor introduced Mr. James Evans, Attorney for Mr. Mathis, who answered questions from the Board regarding Insurance coverage, bus routes and rates to be charged. A rate schedule will be presented to the Board at a later date for approval. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran and passed unanimously. The Ordinance was then read for the second time. Director Purdy moved that the rules be further suspended and 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 final time. The Asst. Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1791 is on Pages 81 through 84 of Ordinance and Resolution Book 2. City Manager Howe reported that bids had been received and tabulated on the 2-195 following purchasing requirements: (1) Portland Cement Type I and Masonry Cement Type II, Fayetteville Lumber Company being the lowest bidder; (2) Asphalt Oil and Asphalt Emulsion Oil, National Oil and Supply Company being the lowest bidder. Mr. Howe recommended these items be purchased from the lowest bidder, as listed above. I 1-196 1 2-196 1 3-196 1 4-196 Director McFerran moved that the City Manager's recommendation be approved. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. City Manager Howe discussed his memo of March 11, 1971, to the Board regarding the City's requested participation in the Cost of the County Airport Referendum. The Washington County Judge has billed the City of Fayetteville and the City of Springdale each $1,500.00; one third the cost of the election which totaled $4,500.00. Each member of the Board expressed his feelings on this issue and in conclusion it was agreed that there had been no commitment made prior to the election regarding paying a portion of the cost, that the election had been publicized as a County issue, and that the time for obligating the City to pay a portion of the cost should have been prior to the election. Director Purdy stated that he would not have supported having the election at this time, that he felt it should have been held a year or so later. Director McFerran supported approval of the City's portion of the cost. After dis- cussion by the Board and members of the audience, Director McFerran moved that the City approve payment of its share, or $1,500.00. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye" McFerran and Lancaster. "Nay", Orton, Purdy, Utley and Stanton. There being only two "Ayes" and four "Nays", the Asst. Mayor declared the motion defeated. City Manager Howe discussed his memo of March 12, 1971, to the Board recommending the purchase of a new Postage Meter to replace the one presently in operation, together with the purchase of an envelope stuffer, with the total cost of $2,704.00 to be distributed 60% to the Water F, Sewer Fund, 20% to the Sani- tation Fund, and 10% each to the Public Works and General Funds. Director Stanton moved that the City Manager's recommendation be approved. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. City Manager Howe discussed the assessments of property on Turner Avenue for street improvements. Mr. Howe recommended that the assessment on Lot 12 Turner Addition, be reduced to $693.00, the assessment on the North 90 feet of Lot 1, Turner Addition be established at $693.00, and that the assessment on Lot 10, Turner Addition, be reduced to $1,386.00. Mr. Howe suggested that the difference in assessments be absorbed by the Public Works Budget. The City Attorney read, at the Asst. Mayor's request, a proposed Resolution amending Resolutionl3-71 to reflect the new assessments. Director Utley moved that the Resolution be adopted. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 18-71 is on Page 62 of Ordinance and Resolution Book 2. City Manager Howe presented correspondence from citizens who favor a 12 -month dog leash law in Fayetteville. The Board heard members of the audience as well as City employees, speaking as private citizens, all supporting a 12 -month leash law. After favorable discussion by the Board, Director Utley moved that this issue be placed on a subsequent agenda giving the City Attorney adequate time to research the subject and prepare an Ordinance for approval by the Board. 196 The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. The City Attorney read, at the Asst. Mayor's request, a proposed Resolution declaring March 20, 1971, as Spring Clean -Up Day and to Officially recognize March 20, 1971, as National Kick -Off Day of the Boy Scouts of America 1971 Project to Clean -Up and Conserve Our Environment. Director Stanton moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Resolution adopted. *Resolution No. 19-71 is on Page 63 of Ordinance and Resolution Book 2. At the City Manager's request, the Nominating Committee was assigned to make nominations for appointments to fill a term expiring on the City Hospital Board by John Lewis, and the Civil Service Commission by Floyd Carl, Jr. Director Purdy reported to the Board his findings on the Senior Citizen Life- time Fishing Permit issue, deferred from a previous meeting. In view of already insufficient revenues for both our Lakes, he stated he would be opposed to approving this request. The Board members unanimously agreed to deny authorizing a Lifetime Fishing Permit to Senior Citizens. ' Director Purdy reported that an effort had been made to dispose of two antique fire trucks owned by the City. He stated that the best offer to date is an offer of trading the fire trucks for $1,000 worth of fire department equipment of brass valves, nozzles, etc. The Board unanimously agreed to have Mr. Howe contact the bidder and upon receipt of brass equipment in the catalog list price amount of $1,000 they could take possession of the two fire trucks. Director Purdy suggested that the Board request the City Planning Commission to conduct a study of the Mobile Home Park situation in Fayetteville. There are presently 19 Mobile Home Parks in the City with an additional three more in the planning stage, making a potential total of 22 parks providing occupancy for approximately 900 house trailers. The Board discussed the need for a study being made in light of the rapid growth of Mobile Home Parks. At the conclusion of the discussion, Asst. Mayor Lancaster appointed Directors Utley, Purdy and Stanton to meet with Mr. Howe in a joint meeting with the Planning Commission to define the areas they wish the study to cover due to the cost involved in accomplishing such a study. City Manager Howe requested approval from the Board to renew a lease with Herman Jones on City property which is a part of the Industrial Park. Director Purdy moved that the City Manager be authorized to execute the lease on behalf of the City of Fayetteville. The motion was seconded by Director Utley, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. ' There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 197 1-197 2-197 3-197 4-197 5-197 1 6-197 1-198 City Manager Howe requested permission to employ an attorney for consultation and assistance in determining and taking appropriate further personnel action in the matter of the suspension of Fire Chief Burl Skelton. Skelton was suspended following an incident at the Central Fire Station February 23, 1971. Director Utley moved that Mr. Howe be authorized to obtain counsel. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 2-198 City Manager Howe advised the Board that he has scheduled a one-week vacation beginning March 28 and ending April 4, and requested that Pat Tobin, City Controller, be appointed Acting City Manager with authorization to sign checks, etc., in his absence. Director Purdy moved that Mr. Tobin be appointed Acting City Manager in Mr. Howe's absence. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. 3-198 The City Attorney read, at the Asst. Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Release Deed to Leo P. Peel on Lot 1, Block 1, of Parkwood Subdivision. Director Purdy moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye" Orton, Purdy, McFerran, Lancaster and Utley. "Abstain", Stanton. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. *Resolution No. 20-71 is on Page 64 of Ordinance and Resolution Book 2. There being no further business, Director Purdy moved to adjourn. The motion was seconded by Director McFerran and passed unanimously, whereupon the Asst. Mayor declared the meeting adjourned. APPROVED Ernest E. Lancaster, Asst.a�f yor ATTEST: c 60dj-,6& LoVetta Moore, City Clerk