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HomeMy WebLinkAbout1971-06-07 Minutes1MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 7, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, June 7, 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, McFerran, Starr and Stanton. Absent: Directors Purdy, Lancaster and Utley. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on Monday, May 17, 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 299 19702 TO REZONE CERTAIN PROPERTY FROM C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, TO C-2, THOROUGH- FARE COMMERCIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by James F. and Billye A. Fletcher to rezone 1.98 acres located east of Stone Bridge Road on the south side of Highway 16. The Ordinance was left on first reading. The City Attorney read, at the Mayor's request, another proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 293 1970, TO REZONE CERTAIN PROPERTY FROM I-1, LIGHT INDUSTRIAL DISTRICT AND HEAVY COMMERCIAL DISTRICT, TO R-3, HIGH DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by James R. Bexley to rezone a tract located at the southwest corner of Gregg Avenue and Center Street. The Ordinance was left on first reading. City Manager Howe introduced the proposed Ordinance concerning the regulation of dogs and other animals as the next item of business. He stated that several copies of the proposed ordinance had been distributed to people expressing an interest in it. A number of people present in the audience expressed their views on this issue. The majority of the audience either supported a 12 -month leash law, or stated they would abide by one if it is passed. Two portions of the proposed ordinance raising some controversial discussion, were the sections pertaining to animals disturbing the peace and making it lawful for an authorized officer to remove animals from citizens' premises without a written permit. Mayor Starr stated that this proposed ordinance would be discussed further at future meetings and no immediate action would be taken on it. The City Attorney read, at the Mayor's request, a proposed Resolution setting June 21, 1971 as the date for a public hearing on the matter of Television Communications Corporation's request for a rate increase on the monthly charge for service to private residences or individual apartments from $4.00 to $5.00 per month. ' Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: 217 1-217 2-217 3-217 4-217 "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. ' *Resolution No. 35-71 is on page 92 of Ordinance and Resolution Book 2. 1-218 Carl Yates of McGoodwin, Williams & Yates, Consulting Engineers, presented a map showing proposed plans for the extension of water and sewer lines and noted some changes from the tentative proposals in December. The City Attorney read, at the Mayor's request, four separate proposed Resolutions in connection with financing the construction of said water and sewer facilities, as follows: 2-218 (1) A proposed Resolution authorizing the City Manager to execute and file an application on behalf of the City of Fayetteville, with the Department of Housing and Urban Development, United States Government, for a grant to aid in financing the construction of water and sewer facilities in and for the cities of Fayetteville, Farmington, and Greenland, Arkansas, and an assurance of compliance with the Department of Housing 8 Urban Development regulations under Title VI of the Civil Rights Act of 1964. 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, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 36-71 is on Page 93 of Ordinance and Resolution Book 2. 3-218 (2) A proposed Resolution authorizing and directing the City Manager to , make application for a federal grant under Public Law 660, as amended, and to sign the Acceptance of the Offer, when made, and any other necessary documents required to complete the project on behalf of the above named Applicant. 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", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 37-71 is on Pages 94-95 of Ordinance and Resolution Book 2. 4-218 (3) A proposed Resolution providing assurances pursuant to Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Director Stanton moved that the Resolution be adopted. The Motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 38-71 is on Pages 96-98 of Ordinance and Resolution Book 2. 5-218 (4) A proposed Resolution authorizing the City Attorney to furnish legal information to support an application for a grant from the Department of Housing and Urban Development, on behalf of the City of Fayetteville. 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, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 39-71 is on Page 99 of Ordinance and Resolution Book 2. 218 The City Attorney then read a proposed Resolution, at the Mayor's request, authorizing and directing the Mayor and City Clerk to execute a contract by and between the City of Fayetteville and McGoodwin, Williams and Yates, Inc. for engineering services for water and sewerage facilities improvements. The Board members were given copies of the prepared contract to review and discuss. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 40-71 is on Page 100 of Ordinance and Resolution Book 2. The City Attorney read another proposed Resolution, at the Mayor's request, authorizing and directing the condemnation of easements in certain lands in Washington County, Arkansas, for use in construction, operation and main- tenance of water facilities and appurtenances thereto. The location of land affected by this Resolution is Old Wire Road east of Old Missouri Road, Pump Station Road and Morningside Drive (City Lake Road) and the vicinity of Township Road and Johnson Road. Director Orton moved that the Resolution be adopted. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the City Attorney declared the Resolution ' did not pass. The City Attorney then read a proposed Resolution, at the Mayor's request, authorizing and directing the City Manager to execute a contract by and between the University of Arkansas and the City of Fayetteville for the conduct of a Police -Community Relation Survey. Following an explanation from City Manager Howe, and discussion by the Board, Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call, the following vote was recorded: "Aye", Orton, McFerran and Starr. "Nay", Stanton. There being three "Ayes" and one "Nay", the City Attorney declared that the Resolution did not pass. City Manager Howe reported that bids had been received and tabulated for the construction of a water line on Old Wire Road east of Old Missouri Road and recommended this bid be awarded to Tri -City Construction Company, the low bidder, for a cost of $11,372.50. Mr. Howe commented that this bid was below the anticipated cost of this project. Director Stanton moved that the City Manager's recommendation be approved and this bid be awarded to Tri -City Construction Company. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the motion passed. ' The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled AN ORDINANCE TO AMEND CHAPTER 19, ARTICLE 5, DIVISION 2, SECTION 19-169, OF THE CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO REMOVE CERTAIN PARKING METER SPACES ON THE SOUTH SIDE OF MOUNTAIN STREET. The Ordinance was left on first reading. 219 1-219 2-219 3-21W 4-229- 5-219 1-220 The City Attorney read a proposed Resolution, at the Mayor's request, author- ' izing and directing the Mayor and City Clerk to execute a contract by and between the City of Fayetteville and the St. Louis -San Francisco Railway Company. Said contract would provide sewer crossing for bottling companies. Director Stanton moved that the Resolution be adopted. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 42-71 is on page 101 of Ordinance and Resolution Book 2. 2-220 The City Attorney read a proposed Resolution, at the Mayor's request, author- izing and directing the Mayor and City Clerk to execute a partial release deed to ESCO Development Company, Inc. on Lots 8-30, inclusive, Block 2; Lots 1-16, inclusive, Block 3; and Lots 9-13, inclusive, Block 4, Butterfield Subdividion. 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", Orton, McFerran and Starr. "Abstain", Stanton. "Nay", None. There being three "Ayes", one "Abstain", and no "Nays", the City Attorney declared the Resolution did not pass. 3-220 The City Attorney read a proposed Resolution, at the Mayor's request, approving the final audit report of Sewer Improvement District H2, discharging the Commissioners of said Sewer Improvement District N2 from their duties as ' Commissioners, and authorizing and directing the City Clerk to file a copy of said Resolution with the Washington County Circuit Clerk. Director Stanton moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 43-71 is on Page 102 of Ordinance and Resolution Book 2, 4-220 City Manager Howe distributed to the Board members copies of the General Fund Audit Report for the year ended December 31, 1970. He commented that since three of the Board members were absent at this meeting, it would be in order for the Audit to be discussed at a future meeting when the full Board was present and they have had ample time to study it. Director McFerran moved that the Audit Report be received for the Board's review and that copies be filed with the appropriate officials. The motion was seconded by Director Starr and upon roll call passed unanimously. 5-260 The City Attorney read a proposed Resolution, at the Mayor's request, setting June 21, 1971 as the date for a public hearing on a petition to close a dead end 10 -foot alley extending approximately 170 feet south of Watson Street and located about 200 feet west of St. Charles 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, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 44-71 is on Page 103 of Ordinance and Resolution Book 2. 220 ' The Board reviewed a written request from H. Dudley Shollmier that the requirement 1-221 of an informal subdivision plat be waived. Following discussion by the Board, Director Starr moved that said requirement be waived. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, McFerran, Starr and Stanton. "Nay", None. There being four "Ayes" and no "Nays", the Mayor declared the motion passed. City Manager Howe presented a letter from the Fayetteville Youth Center requesting 2-221 the City to relocate Harmon Drive (Deleware Avenue) from its present location at the Youth Center Swimming Pool to a new location to the south at an estimated cost of $7,000.00. Mr. Howe stated that he could not recommend that it be done at this time because it was not planned for in the 1971 budget. He recommended that this item be considered in the 1972 budget and that some type of temporary measures be installed to help slow down traffic in the swimming pool area. Following discussion by the Board, Director McFerran recommended that the High School be contacted about installing some posts to prohibit through traffic in certain areas and suggested that representatives of the City, the School and the Youth Center meet together at this location and agree on the changes to be made so this project can be budgeted next year. Mayor Starr suggested the installation of "Bump" strips to slow traffic in the swimming pool area and this is to be investigated. City Manager Howe briefly discussed Administrative Memo #185 regarding 3-221 Amendments to Subdivision Regulations which would include a definition of ' pavement width and stated that action on this matter would require an Ordinance and should be deferred to the next meeting. The City Attorney read, at the Mayor's request, a proposed Resolution approving 4-221 and providing for execution of a proposed Interim Assistance contract between the City and the U. S. Government. Representatives from the East Fayetteville community were present and Mrs. Lodene Deffebaugh and Ralph Hayes, members of the East Fayetteville Citizens Committee, spoke on behalf of the East Fayetteville community. Mr. Hayes stated that the East Fayetteville citizens had not had a chance to meet prior to this Board meeting but would be meeting the Tuesday night following this meeting, and they would request that this Board withhold action on approving execution of the Interim Assistance contract until the East Fayetteville citizens have had their meeting and determined whether or not they want to accept the Interim Assistance grant. City Manager Howe ex- plained that the Board had to make a decision on accepting the grant within a 30 -day time period which expires June 14, 1971, and there would not be another regular meeting of the Board prior to that date. Following further discussion between the Board and the audience, it was agreed that the Board could temporarily adjourn this meeting to meet in adjourned session at a specified time. City Manager Howe requested that the City Attorney draft an Ordinance for 5-221 presentation at the next regular meeting approving the metering of 23 parking spaces in front of the airport terminal building. 221 There being no further business, Director Starr moved that the meeting be temporarily adjourned to reconvene in adjourned session on Thursday, June 10, at 12:00 Noon in the Directors Room in the City Administration Building. The motion was seconded by Director McFerran and carried unanimously, where- upon the Mayor declared the meeting adjourned. ATTEST-CJIo '�/L. jl Wou, LoVetta Moore, City Clerk APPROVED 222