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HomeMy WebLinkAbout1971-07-06 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS ' July 6, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, July 6, 1971, in the Directors Room in the City Administration 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, Starr, Lancaster, Utley and Stanton. Absent: None. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on June 21, 1971, copies of which had previously been mailed to each of the Directors, were approved after a correction was made. 1-230 Mayor Starr asked Lynn Wade, Attorney, representing Trans -Video, to speak on behalf of the company regarding its request for a rate increase. Mr. Wade briefly summarized the reasons for the rate increase request and introduced Mr. Joseph F. Brennan, President of Associated Utility Services, Jim Doucette, Accountant, and Ed DeMarco, Vice President of System Operations, who spoke for the rate increase and answered questions from the Board and the audience. Mr. Harold "Rip" Lindsey, Manager of Trans -Video, was also present and answered questions. Considerable discussion ensued concerning the lack of a financial breakdown on the finances of the Fayetteville operation. The financial data furnished the Board was based on the "parent company" of T.V.C. and the Fayetteville financial picture was combined with all its other companies. ' Following questions from each of the Board members and their insistence that financial data be furnished on Fayetteville alone, Mr. Doucette agreed to furnish the Board with a report on a percentile basis prior to the next Beard meeting. No further action was taken on this issue, pending receipt of adequate financial information on the Fayetteville operation. 2-230 At the Mayor's request, the City Attorney read for the third time a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND REZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 290 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. Director Orton expressed her views on this rezoning and stated that she felt the entire strip South from Center Street along Gregg Avenue should be kept within the same zoning; either rezone all the strip to R-3 or leave it all I-1. Following discussion by the Board, Director Orton moved that the rezoning of this property be referred back to the Planning Commission and that they recommend back to the Board that it all be rezoned within the same zone. The motion died for lack of a second. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", Orton. There being six "Ayes" and only one "Nay", the Mayor declared the Ordinance , passed. *Ordinance No. 1804 is on pages 108-9 of Ordinance and Resolution Book 2. 230 The City Attorney read for the second time, at the Mayor's request, a proposed 1-231 Ordinance in its entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747, ARTICLE 4, SECTION 5, SUBSECTION G. TO PROVIDE THAT ALL SIGNS AND BILLBOARDS NOT CONFORMING WITH THE PROVISIONS OF SAID ORDINANCE BE REMOVED WITHIN A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF SAID ORDINANCE. City Attorney Malone stated information regarding a lawsuit which has been filed by Donrey Outdoor Advertising Company against the City of Fayetteville on the grounds that the present Ordinance is unconstitutional. Mr. Malone advised the Board to leave this Ordinance on second reading and allow him some time before the next Board meeting to use legal techniques to obtain certain information so that he might be in a better position to advise the Board. Until the lawsuit is settled, the City is enjoined from removing illegal signs. The Ordinance was left on second reading. City Manager Howe reviewed Administrative Memo #190 regarding leases of certain 2-231 parcels of City property and following his comments and discussion by the Board his recommendations were to cancel on 6 -months notice the leases on the Lake Fayetteville and Airport properties and to solicit a new lease after the ex- piration of the present lease on the Pollution Control Plant property. 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, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. City Manager Howe recommended in Administrative Memo #189 that the Mayor appoint 3-231 three Board committees to study certain budgets and funds of the City. Mayor Starr appointed committees as follows: (1) A Water 8 Sewer Finance Committee to study the proposed fiscal 1972 Water and Sewer Budget now being formulated: Directors McFerran, Lancaster and Starr. (2) A General Fund Finance Committee to review the financial status of the General Fund at mid -1971 during the following two weeks: Directors Orton, Purdy and Utley, and (3) A Public Works Finance Committee to review the financial status of the Public Works Fund at mid -1971 during the following two weeks: Directors Purdy, Stanton and Starr. Mayor Starr left the meeting at 9:20 P.M., at which time Director Lancaster assumed the duties of Mayor. City Manager Howe further reviewed Administrative Memo #189 with respect to 4-231 the needs of the Police Department. The list of needs described in the memo were (1) Establish the position of a Community Relations Officer, (2) Relocate the Radio Room at the Police Station, (3) Update communications equipment by establishing two base stations with four high band frequencies, and (4) Approve five additional positions, four to operate separate radio room and one for general patrol. Each of these needs would take advantage of Federal financial assistance through the State Commission on Crime and Law Enforcement. Following discussion by the Board, Director Utley moved that action on this item be delayed until after the General Fund Budget has been reviewed. The motion was 231 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. 1-232 City Manager Howe reviewed Administrative Memo #191 and stated that J. E. McClelland Consulting Engineers have submitted proposals to provide engi- neering services on the following projects: (1) Drake Field Maintenance Project and (2) Construction of Sycamore Street from College Avenue to Gregg Avenue, provided the owners of a majority in value of the real estate to be assessed petition for the project. Due to recent personnel changes in the Public Works Department, the City does not have the capability of performing the engineering work on Project No. 2 "in house" and the cost of this project is expected to exceed the cost for the City performing the work. It will be determined after construction bids are received whether the excess cost, if any, will be absorbed by the City or assessed against the benefiting property. Mr. Howe's recommendation was that the City Board authorize an engineering contract with McClelland Consulting Engineers for both projects. Following discussion by the Board, Director McFerran moved that the City Manager's recommendation be approved with the exception that the Sycamore Street project contract not be executed until the petition has been cir- culated to the property owners and returned. 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. 2-232 City Manager Howe reported that bids had been received and tabulated for the purchase of motor and transmission oils and greases and recommended that these purchases be awarded to the lowest bidder, as checked on the tabulation. Director Purdy moved to accept the City Manager's recommendation and purchase these items from the lowest bidder. (Gulf Oil $ Mobil Oil awarded bid.) The motion was seconded by Director Orton 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. 3-232 A petition opposing fireworks stands in residential areas was presented to City Attorney Malone. Following discussion by the Board and members of the audience, it was concluded that prior to the next meeting each of the Board members would review the present Ordinance pertaining to Fireworks and it would be placed on the agenda for the next meeting for possible revisions with respect to stands in residential areas, time limit for detonating, etc. 4-232 Director Orton announced that there is a vacancy on the Pollution Control Committee and anyone interested in this position should contact Mr. Howe's office. I 232 C 1 There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Purdy and passed unanimously, whereupon Asst. Mayor declared the meeting adjourn ATTEST: Gedz66LAqu LoVetta Moore, City Clerk the 233