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HomeMy WebLinkAbout1971-10-04 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS October 4, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular ' session on Monday, October 4, 1971, in the Directors Room of 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, Starr, Lancaster, Utley and Stanton. Absent: None. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on September 20, 1971, copies of which had previously been mailed to each of the Directors, were approved as corrected. 1-268 The City Attorney read for the second time, 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 R-1, LOW DENSITY RESIDENTIAL DISTRICT TO R-21 MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Red Arrow Land Company, Inc. to rezone approximately 21 acres on the west side of Buckner -Braden Road one-half mile North of State Highway 16 East. A petition signed by 219 persons living in the area opposing the rezoning, was presented at the August 2 meeting. The Board heard from David Tucker, Paul Long, Dr. B. M. Gardner, Fred Burban, Mrs. Don Pate and Elbert Douglas, all opposing the rezoning. ' Walter Niblock, Attorney representing the petitioner, was present and discussed the rezoning and answered questions from the Board. Following discussion by the Board, Director Purdy moved that the rules be suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Orton, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Starr. "Nay", Orton, Purdy, McFerran, Lancaster, Utley and Stanton. There being six "Nays" and only one "Aye", the Mayor declared the Ordinance did not pass. 2-268 The City Attorney read for the second time, 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 R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Dr. J. B. Hays to rezone a 1.02 acre tract on the East side of Gregg Avenue between Miller Street and Ash Street. Director Utley reported that Mr. Carter Price, a resident in the area who had attended the last Board meeting and requested deferral of this item, was unable to attend this meeting and was also unable to acquire a petition opposing the rezoning. No one appeared at the meeting to oppose the rezoning. Director Lancaster moved that the rules be suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Stanton and upon roll call passed unanimously. The Ordinance was then read for the third and final time. 9M Mayor Starr then 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 Mayor declared the Ordinance passed. *Ordinance No. 1825 is on Pages 157-58 of Ordinance and Resolution Book 2. Mayor Starr reported that this was the time and the place set for a public hearing on the closing of a portion of Jon Street located in the Stubblefield Addition. The Mayor opened the public hearing, and there being no objections from the audience, the public hearing was closed. The City Attorney read a proposed Ordinance in its entirety entitled: AN ORDINANCE VACATING AND ABANDONING A PORTION OF JON STREET LOCATED IN STUBBLEFIELD ADDITION OF THE CITY OF FAYETTEVILLE, ARKANSAS. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran, and upon roll call 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 upon roll call passed unanimously. The Ordinance was then read for the third and final time. Mayor Starr then 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 Mayor declared the Ordinance passed. *Ordinance No. 1826 is on Pages 159-60 of Ordinance and Resolution Book 2. City Manager Howe reported the results of his study of the traffic situation on Overcrest Street, as outlined in Administrative Memorandum #197. Mr. Howe recommended that a barricade be erected at the West end of Susan Drive to prevent further use of this roadway in order to avoid the possibility of the drive becoming a "public way" by virtue of continuous use, and to avoid the possibility of the City having to maintain or improve this roadway. Following discussion by the Board and members of the audience, Director Purdy moved that the City Manager's recommendation be approved and that a barricade be erected at the West end of Susan Drive. The motion was seconded by Director Lancaster, 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 discussed a proposed Agreement of Understanding Between the City of Fayetteville, Arkansas and the Arkansas Highway Department, copies of which had previously been distributed to the Board members. Following discussion on the proposed Agreement, the City Attorney read a proposed Resolution authorizing the City Manager to execute the Agreement. Director Purdy moved that the Resolution be adopted. 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 Resolution passed. *Resolution No. 65-71 is on Page 141 of Ordinance and Resolution Book 2. 269 1-269 1 2-269 1 3-269 1 1-270 City Manager Howe discussed the Ordinance presently in effect regarding Excavations. He recommended that an amendment Ordinance be drawn up to elimi- nate the requirement of payment of the fee in advance of the work being done, ' and eliminating the requirement of a bond of utilities operated by or fran- chised by the City. The proposed Ordinance would simplify the administration part of the Ordinance and set out more specifically what the backfilling and repaving requirements would be. Following discussion by the Board, Director McFerran moved that such an Ordinance be drawn up for consideration by the Board. There being no objection from the Board, Mayor Starr instructed the City Attorney to prepare the Ordinance. 2-270 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing the Mayor and City Clerk to execute a Supplemental Agreement to the lease of the Federal Aviation Administration Building located at the Fayetteville Municipal Airport. 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, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 66-71 is on Page 142 of Ordinance and Resolution Book 2. 3-270 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING SECTION 2-69 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, ARKANSAS TO PERMIT THE SALE OF SURPLUS CITY PROPERTY AT PUBLIC AUCTION. ' 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 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 upon roll call passed unani- mously. The Ordinance was then read for the third and final time. Mayor Starr then 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 Mayor declared the Ordinance passed. *Ordinance No. 1827 is on Page 161 of Ordinance and Resolution Book 2. 4-270 Director Orton reported on recommendations from the Pollution Control Committee. She stated that notice has been received that the City Dump and Incinerator are illegal operations in violation of the pollution control laws and moved t at.the oa d dirgct the City Manager to immediately take the necessary steps for 6 A �gBrt Ft k9 til B ATPwith opposition from the rest of the Board members. It was the general feeling of the rest of the Board that the dump could not be closed until an alternate means of disposing of waste material is established. City Manager Howe reported on the results of his search for a suitable site for a landfill. Mr. Howe stated that the land he has found to be suitable for , a landfill is also suitable for farmland and for development and at this time he had nothing favorable to report to the Board. Mr. Howe reported that a meeting has been set up for October 11 with other Washington and Benton County officials and requested that the Board defer further action on this matter until after the October 11 meeting. 270 Director Orton further reported that the Pollution Control Committee recommends 1-271 that a recycling program be developed and suggested that the City might want to consider operating a recycling center if enough profit could be made from it. Following discussion by the Board, Director McFerran moved that the City Manager be directed to investigate the possibility of the City operating a recycling center and report his findings to this Board at the earliest possible time. 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. The Pollution Control Committee further recommended that a large-scale leaf 2-271 composting operation be carried out on a city-wide basis with the resulting compost to be made available to private citizens. City Manager Howe reported that the leaves picked up this year would be hauled to City property and composted as recommended. Mayor Starr appointed a Committee from the Board consisting of Directors Lancaster, McFerran, and Starr to study and recommend City policy concerning proposed Rural Water Systems. He commented that this same Committee also serves as the Water and Sewer Committee from this Board. City Manager Howe reported that the Arkansas Highway Department has completed 3-271 their survey of the Highway 265 route and has recommended that the alternate route to the West would be the most economically feasible. The alternate ' route would cost approximately $60,000 less than the original proposed route. He further reported that the construction machinery will be available to begin work on the project within two to three weeks. The Highway Department has not furnished a cost report on right-of-way as yet and the cost of acquiring the right-of-way for the alternate route was unknown to Mr. Howe. Tom Burke, Attorney representing William B. Lightfoot, stated Mr. Lightfoot was opposed to the alternate route because it would require cutting across valuable pasture land. Mr. Burke suggested that the City consider a second alternate route to the East which has not been considered as yet. The property he referred to is out of City jurisdiction. Following discussion by the Board, Mayor Starr directed City Manager Howe to check out the Right -of -Way costs of the Eastern route by getting Highway Department appraisals or attempting to acquire necessary property rights. City Manager Howe discussed a proposed Highway -Utility Construction and Re- 4-271 location Agreement to cover the necessary relocation of water lines made necessary by Highway 71 widening North of the By -Pass intersection. The estimated cost of the project is $54,744; 82.37% of the cost being the responsibility of the State Highway Department. An Engineering Services Agreement with McClelland Consulting Engineers, Inc. for engineering work for the construction phase of the water line relocation was also discussed. The Board raised several questions regarding the estimated cost of the pro- ject. Ep McClelland of McClelland Consulting Engineers, was not in attendance at the meeting to answer questions from the Board as to the basis for the cost estimate and it was the general feeling of the Board that the costs were excessive. Following discussion by the Board, Director McFerran moved that the City Manager be authorized to execute the Construction and Relocation Agreement. The motion died for lack of a second. 271 Director Purdy stated he was in favor of withholding action on this matter until sufficient information on the costs is available. The Board concurred with his ' suggestion. 1-272 City Manager Howe reviewed a letter from McClelland Consulting Engineers, Inc. requesting an amendment of the fee for Engineering Services pertaining to the FAA assisted airport improvement project. Mr. Howe recommended that the Board authorize a fee of 5.5% of the final cost of the project. Following discussion by the Board, Director McFerran moved that a fee of 5.5% be allowed on this contract. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, and Utley. "Nay", Starr and Stanton. There being five "Ayes" and only two "Nays", the Mayor declared the motion passed. Following passage of the motion, Director Lancaster stated that although he seconded the motion he would like to state that from now on the Board should get things settled at the beginning of these contracts with no changes allowed. 2-272 City Manager Howe reported that bids had been received and tabulated for the purchase of cast iron soil pipe and recommended the purchase of this item from C. M. Davis Supply Co. and Service Supply, the two companies being the lowest bidders on separate items. Director Purdy moved that the bid be awarded to the lowest bidders, as recommended by Mr. Howe. 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 motion passed. 3-272 City Manager Howe recommended certain minor changes in the organization of the Public Works and Water and Sewer Departments. The changes in the Water and Sewer Department would consist of the reclassification of three positions of distribution men to crew foremen,and the Public Works Department change would reclassify an equipment operator to a crew foreman. Mr. Howe explained that these changes would require approval by the Board because these changes were not budgeted. Following discussion by the Board, the changes were approved as recommended. There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Purdy and passed unanimous }�y, whereupon the Mayor declared the meeting adjourned. , I) ATTEST:�f�J LoVetta Moore, City Clerk 272