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HomeMy WebLinkAbout1971-04-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 19, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, April 19, 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 at Roll Call but entering later: 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, April 5, 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 TO ACCEPT AND CONFIRM THE FINAL PLAT OF PUBLIC UTILITY EASEMENTS IN SHENANDOAH MOBILE HOME PARK OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF UTILITY EASEMENTS THEREIN. Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director McFerran 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 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. 1793 is on page 90 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 partial release deed to Young Enterprises, Inc. discharging and releasing the lien now held by the City of Fayetteville by virtue of a contract dated July 7, 1969 covering Lots 1 through 8, Lot 10, Lots 12 through 16, Lots 18 through 25, and Lots 27 through 36, Rockwood Addition. Director Purdy 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. 23-71 is on Page 67 of Ordinance and Resolution Book 2. 203 1-203 2-203 1-204 The City Attorney read, at the Asst. Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a partial release deed to Wheeler Motor Company on Lot 7, Block 1, and Lot 4, Block 2, Wheeler -Sawyer Addition. 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, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 24-71 is on Page 68 of Ordinance and Resolution Book 2. 2-204 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 291 1970, TO REZONE CERTAIN PROPERTY FROM R-1 LOW DENSITY RESIDENTIAL DISTRICT, TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Shenandoah Mobile Home Park, Inc. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy 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. 1794 is on Pages 91 and 92 of Ordinance and Resolution Book 2, 3-204 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 I-1 HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT, TO R-1 LOW DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Kelley Brothers Lumber P, Supply (Wells Brothers) to rezone a 22 acre tract on the east side of Johnson Road, north of Highway 71 By -Pass. Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Orton and passed unanimously. The Ordinance was then read for the second time. Director Stanton commented that he had reservations with respect to rezoning this land Residential when it is sandwiched between two pieces of property presently zoned Industrial. He further stated that the property on the North side of this land was on the agenda of the next Planning Commission Meeting and he would like to see this rezoning petition tabled until the next Board meeting pending a recommendation from the Planning Commission regarding the , surrounding property. Director Stanton moved that this Ordinance be left on second reading and that it be tabled until the next regular Board of Directors Meeting to be held May 3, 1971. 204 The motion was seconded by Director Purdy and 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 Ordinance in its entirety entitled AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 292 1970s TO REZONE CERTAIN PROPERTY FROM A-1 AGRICULTURAL DISTRICT, TO I-2 GENERAL INDUSTRIAL DISTRICT. Said Ordinance would accomplish the rezoning of the Industrial Park property, recently annexed. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director Starr entered the meeting at 8:02 P.M. 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 Starr 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, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1795 is on pages 93 and 94 of Ordinance and Resolution Book 2. At this point, Director Starr assumed his duties as Mayor. City Manager Howe discussed his memo of March 25, 1971, regarding the role of the Zoning Board of Adjustment. Mr. Howe recommended in his memo that a committee of two Directors, two Planning Commissioners, and the City Attorney review recent decisions of the Board of Adjustment with the Chairman of the Board of Adjustment to determine whether the Board's decisions are sustaining Board of Directors policies as expressed by Ordinances. Mr. Howe further stated that the Board of Adjustment has had an increase in the number of appeals submitted as a result of the new zoning ordinances adopted last year, some portions of which are unworkable and need revision. Mayor Starr commented that if the Ordinances contain sections which are unworkable, they should be amended by the Board of Directors. Mr. Howe believes a good exchange of information would be helpful. Mayor Starr asked Mr. Howe to contact people on the Planning Commission and the Board of Adjustment and prepare a report to this Board recommending solutions to these problems. The City Attorney read, at the Mayor's request, a proposed Resolution setting May 3, 1971, as the date for a public hearing on closing a portion of Elm Street east from Leverett to Chestnut Avenue. Director Orton 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, Starr, Lancaster, Utley ' and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 25-71 is on Page 69 of Ordinance and Resolution Book 2. 205 1-205 2-205 3-205 1-206 City Manager Howe reviewed his memo dated April 15, 1971, regarding the future use of Lake Sequoyah water facilities recommending that the sale of the Lake Sequoyah property be explored. It was the unanimous feeling of the Board members that the City is committed to purchase the City's water needs from Beaver Lake when it becomes available this fall. The Board was reluctant to rely solely on Beaver Water as its only water supply because of the 17 -mile distance between the City and its water supply and the unforseen possibility of damage to the 36 -inch transmission line. Mayor Starr asked Mr. Howe to investigate the cost of maintaining Lake Sequoyah on a stand-by basis. 2-206 Mayor Starr asked Mr. Howe to discuss his recommendation that 1200 water meters be purchased from Kent, the low bidder, at $24.97 each. This item was deferred from the last meeting due to Mr. Howe's absence. Mr. Howe stated that all meters bid meet the City's bid specifications and although the Kent meter might have a disadvantage with respect to readability, this factor was not sufficient to reject the Kent meter as acceptable for our use. The Board heard repre- sentatives for Kent and Rockwell. Director Purdy stated that he had examined all the samples bid on and found the American made meters to have advantages over the foreign manufactured Kent meter. He also had discussed the Kent meters with a City in this area that has purchased Kent meters in the past and found that they were very unhappy with this meter. He further stated that although he was opposed to the purchase of this meter, if it does meet our specifications as well as the other meters bid on, and since it is the lowest bid, he would reluctantly have to vote for the approval of this purchase from Kent. After considerable discussion and hesitancy to make a decision regarding this bid, Director Utley moved that this item be tabled , until the next regular Board Meeting on May 3, 1971. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, Utley and Stanton. "Nay", Purdy, McFerran, Starr and Lancaster. There being only three "Ayes" and four "Nays", the Mayor declared the motion defeated. Following further discussion, Director Purdy moved to accept Mr. Howe's recommendation and award the bid to Kent, the low bidder. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster and Utley. "Nay", Orton and Stanton. There being five "Ayes" and only two "Nays", the Mayor declared the motion passed. 3-206 City Manager Howe reported that bids had been received and tabulated for the purchase of three vehicles for the Police Department, Mr. Howe recommended the purchase of these vehicles from Whit Chevrolet, the low bidder, at $3,336.63 each, and that the replaced vehicles be sold at public auction. Following discussion by the Board regarding the sale of the replaced vehicles and comments from Jim Hatfield representing Hatfield Pontiac, Director McFerran moved that Mr. Howe's recommendation be approved and that three vehicles be purchased from Whit Chevrolet, the low bidder, without trade-in. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion carried. MN City Manager Howe also reported that bids had been received and tabulated for the purchase of Traffic Signs -and recommended that the bid be awarded to the lowest bidders, Miro-Flex and McRaney Enterprises being low bidders on separate items. Director McFerran moved that the City Manager's recommendation be approved and the bid be awarded to the lowest bidders as tabulated. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. City Manager Howe reported that Quotations had also been received from Arkansas suppliers for the purchase of sewer pipe for the Water and Sewer Department, and requested that the requirement for formal bids be waived and that this purchase be authorized from Bowles & Edens Supply Company, the lowest quotation. Director Stanton moved that the City Manager's request be granted and that this purchase be authorized as recommended. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. City Manager Howe further reported that quotations had been received for the purchase of an Automatic Composite Sampler for the Pollution Control Plant and explained its functions and purpose. He recommended the purchase of this item from Brailsford $ Co., Inc., the lowest quotation. Director Purdy moved that the City Manager's recommendation be approved. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. City Manager Howe distributed copies of the City's Financial Statement for the first Quarter of 1971, ending March 31, 1971, to the members of the Board. He explained that he would prepare a letter of summary on the Statement in the near future and if there were questions on the Statement they could be discussed at the next meeting after the Board members have had ample time to study the Statement and his summary of it. The Mayor reported that this was the time and place set for a public hearing to determine whether or not petitions filed with the City Clerk requesting improvement of Turner Avenue from Wedington Drive to Holly Street are sufficient. The Mayor opened the public hearing and there being no objections from the audience the public hearing was closed. The City Attorney then read a proposed Resolution in its entirety declaring the signers of the Petition requesting improvement to Turner Avenue from Wedington Drive to Holly Street to be sufficient. 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, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 26-71 is on Page 70 of Ordinance and Resolution Book 2. 207 1-207 2-207 3-207 4-207 5-207 1-208 A discussion was held on the paving of Lawson Street from Leverett to Oakland. The City Attorney gave a report as to the current status of the matter. Mr. Claude Pruitt, a property owner in the area, spoke to the Board about the street paving. Mr, Howe requested an opportunity to review the matter with the City Attorney and Mr. Pruitt and defer further action on this matter to a future meeting. The Board gave unanimous consent to Mr. Howe's suggestion. 2-208 The City Attorney reported on his research regarding dog leash laws in effect in other cities in the State of Arkansas. He reported that all the cities he checked with, except Jonesboro and Springdale, require dogs to be restrained all year long. The Board heard from a gentleman in the audience who described the howling of dogs, especially at night, as being a form of "destructive propensities" because of the mental effect it has on people. He stated that this clause in our present ordinance could be interpreted to include mental as well as physical harm and requested some enforcement or action by the Board toward noisy, howling animals. After a lengthy discussion by the Board and others present in the audience, Mayor Starr requested the City Attorney to draft an Ordinance to be presented at the next meeting, May 3, 1971, incorporating a 12 -month leash law requirement, making it a mis- demeanor to keep noisy dogs and cats, and increasing the penalties charged for releasing animals captured for breaking these laws from the City's Animal Shelter. There being no further business, Director Purdy moved that the meeting adjourn. The motion was seconded by Director Orton and carried unanimously, ' whereupon the Mayor declared the meeting adjourned. APPROVED ,,Joe tarr, Mayor ATTEST:r�a� LoVetta Moore, City Clerk rM