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HomeMy WebLinkAbout1971-04-05 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 5, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, April 5, 1971, in the Directors Room in the City Admini- stration Building at 7:30 p.m. Present: City Clerk LoVetta Moore, City Attorney David Malone, City Controller Pat Tobin (Acting City Manager in Mr. Howe's Absence), and Directors Orton, Purdy, McFerran, Starr, Lancaster and Utley. Absent: Director Stanton and City Manager Wesley M. Howe. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on Monday, March 15, 1971, a copy of which had previously been mailed to each of the Directors, were approved. The City Attorney read, at the 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 A-1, AGRICULTURAL DISTRICT TO R-1, LOW DENSITY RESI- DENTIAL DISTRICT, TO I-1 HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT, C-2, THOROUGHFARE COMMERCIAL DISTRICT, R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, AND R-0, RESIDENTIAL OFFICE DISTRICT, said Ordinance resulting from a rezoning petition filed by A. W. Realty (Arkansas Western Gas Company) to rezone 122.21 acres located on the east side of Highway 71 North at the intersection of the Highway 71 By -Pass. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye" Orton, Purdy, McFerran, Starr and Lancaster. "Abstain" Utley. The Ordinance was then read for the second time. Director Lancaster 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 upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr and Lancaster. "Abstain", Utley. The Ordinance was then read for the third and final time. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr and Lancaster. "Abstain", Utley. "Nay", None. There being five "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1792 is on Pages 85 through 89 of Ordinance and Resolution Book 2. Mayor Starr introduced Lewis Jones, Attorney for Meadowlark, Inc.. Meadowlark, Inc. has submitted preliminary subdivision documents to replat Lots 1, 2, and 3, Block 7, and Lot 2, Block 6, Meadowlark Addition. The Planning Commission has declined to approve the subdivision and Meadowlark is appealing the Planning Commission's action to the Board. Mr. Jones spoke on behalf of Meadowlark, Inc., stating that the applicant had submitted documents for replatting which meet the 1 City's specifications and therefore request that the replat be approved by the Board. The Board also heard Paul Jameson, Attorney for opponents to the re - platting. Mr. Jameson explained his clients' position in this issue and referred to a Bill of Assurance dated May 13, 1958, signed by Gene T. Price, 199 1-199 2-199 Phyllis D. Price, Clyde J. Selle, Robbie Lee Selle, Laverne Heflin, Mary Heflin, Laverna Selle Patton, and D. M. Patton. Mr. Jameson contended that said Bill of Assurance was a covenant between the previous property owners and the new property owners that the Meadowlark Addition, as platted, would remain platted in lots of approximately the same size as those being sold at the time the Bill of Assurance was prepared. The Opponents are contesting this issue because this covenant would be broken if the replat were approved. The Board members discussed the issue and heard from members in the audience. The Board asked the City Attorney's advice and opinion. He stated that prior agreements between the previous owners of the land and the people who bought the land should not be considered by the Board or the Planning Commission because the enforcement of protective covenants is not the duty of the City Board. The replat must meet City specifications and if these are met the plat should be approved. He also stated that the opponents have an excellent case if they take the subdividers to court because the covenant would appear to be broken if the replat were approved. After considerable discussion, Director Utley moved that the Replat be approved. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye", Purdy, Starr and Utley. "Nay", Orton, McFerran and Lancaster. There being three "Ayes" and three "Nays", the City Attorney stated that the motion did not pass. 1-200 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Contract between the St. Louis -San Francisco Railway Company and the City of Fayetteville, Arkansas, providing for the construction of a 9,402 foot extension of the Fayette Junction switch track to serve the Fayetteville Industrial Park. 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, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 21-71 is on Page 65 of Ordinance and Resolution Book 2. 2-200 City Controller Pat Tobin reported that bids had been received and tabulated for the purchase of 3/4" and 1" Copper Pipe for the Water $ Sewer Department and recommended this purchase be made from Bowles and Edens, the low bidder. Director McFerran moved that Mr. Tobin's recommendation be approved. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 3-200 City Controller Pat Tobin reported that bids had also been received and tabulated for the purchase of 5/8" and 3/4" Water Meters for the Water F, Sewer Department, Mr. Howe had recommended the purchase be made from Kent, the lowest bidder. Representatives from several of the major companies bidding on the meters were present and answered questions from the Board. Although all meters bid meet the bid specifications, there was considerable discussion about the readability of the dial on the Kent meter. Due to Mr. Howe's absence at the meeting, he was not available for consultation concerning his recommendation. Director McFerran moved that the decision on awarding this bid be postponed until the next meeting to give the Board sufficient time to study and compare 200 the various meters. The motion was seconded by Director Purdy, and upon roll call, the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Mayor Starr presented correspondence from the Chamber of Commerce stating that if the Board had any inclination to pay the $1,500 toward the cost of the Airport election as requested by County Judge Vol Lester, that the Chamber had voted to pay one-half ($750.00) of the City's bill. The Board members expressed their feelings on this issue and each member voiced basically the same opinions as when the issue first came before the Board. Director McFerran moved that the Board approve this bill for payment and accept the Chamber of Commerce's contribution of one-half the cost. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye", McFerran, Starr and Lancaster. "Nay", Orton, Purdy and Utley. There being three "Ayes" and three "Nays", the Mayor declared the motion was defeated. Mayor Starr discussed the need for an Industrial Park Committee and stated that he had discussed this need with the Fayetteville Industrial Foundation and recommended that four members be appointed to serve on this committee consisting of Bill Brandon, Leonard Kendall, Don Trumbo, Jr., and Garland Melton, Jr., these four members to select a fifth member, thus making a committee of five members, for a term of five years. ' Director Starr moved that his suggestions be considered a motion. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. At the conclusion of this discussion, Director Purdy discussed the matter of the appointment of the fifth member to be appointed by the other four members and expressed his wishes that the fifth member be a person other than a business man, stating that he would like to see a "Joe Blow" appointed to this committee because of the nature of the duties of the committee. Considerable discussion by the Board members followed and it was determined that the motion to form an Industrial Park Committee should have stated what the duties of the Committee were to be. City Attorney Malone recommended that a new motion be made to clarify the Committee's duties and better define the term to be served, and that the former motion be expunged from the records. Director Utley moved that the former motion be expunged from the records, that the Board does hereby form an Industrial Park Committee, its purposes being to discuss with prospective industries the possibility of locating within the Park; to recommend to the Board of Directors the size and number of parcels within the Park; to recommend the price at which said parcels would be sold; the Committee to consist of five members ---four members to be appointed by the Mayor and the fifth member to be appointed by the initial four members; and to serve for a term of two years from April 1, 1971 to April 1, 1973. ' The Motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Mayor Starr recommended the appointment of the following four members which were unanimously approved by the Board: Bill Brandon, Leonard Kendall, Don Trumbo, Jr., and Garland Melton, Jr. 201 1-201 2-201 1-202 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Release Deed on Lot 4, Block 4, of Butterfield Subdivision to ESCO Development Company, Inc. Director McFerran moved that the Resolution pass. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 22-71 is on Page 66 of Ordinance & Resolution Book 2. 2-202 The City Attorney reported that a Civil Service Commission hearing was held this same date on the suspension and termination of Mr. Burl Skelton, Fire Chief of the City of Fayetteville. He further reported that Mr. Skelton was suspended for an indefinite period as Fire Chief effective March 5, 1971, and a termination notice effective April 26, 1971 was sent to Mr. Skelton March 24, 1971. After the hearing the Commission found that he should be suspended for 30 days effective March 5, 1971 through April 4, 1971, and reinstated as Fire Chief effective April 5, 1971. Mr. Skelton was present at this meeting and at the conclusion of the City Attorney's statement Mr. Skelton reported that the Firemen's Pension Fund Meeting was held at 4:30 P.M. that afternoon, at which time he submitted his Application for Retirement from the Fire Department, Mayor Starr stated: "On behalf of Fayetteville we want to thank you for many long years of duty to Fayetteville". The City Attorney reported the status of his research regarding a 12 -month , dog leash law. He said he hopes to bring this up at the next meeting. There being no further business, Director Purdy moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: 0 O d t"aa�- LoVetta Moore, City Clerk 202 v'