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HomeMy WebLinkAbout1971-10-18 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS October 18, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, October 18, 1971, in the Directors Room of the City Administration Build- ing 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 October 4, 1971, copies of which had previously been mailed to each of the Directors, were approved after a correction was made. Tom Pearson, Jr., Attorney representing Jimmie D. and Joanette E. Hobbs, spoke on 1-273 behalf of his clients for an appeal of a Planning Commission denial of their request to rezone a partial lot on the West side of Sang Street across from Asbell School from R-1, Residential, to R-2, Residential. The Hobbs' purchase of the subject property is contingent upon said rezoning so that Mrs. Hobbs can operate a beauty shop in the residence. Several residents in the area were present and opposed to the rezoning. Those speaking in opposition to the rezoning were Dr. Frances Dickinson, Jean Daniels, Betty Swope and Mrs. Alfred J. Marti. Following comments from Mr. Pearson, Mr. Hobbs and members of the audience, several of the Board members expressed support of the Planning Commission's denial of the rezoning. Director McFerran moved that the Board uphold the Planning Commission in its denial of this rezoning. 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. The City Attorney read, at the Mayor's request, a proposed Ordinance in its 2-273 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, TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by David B. Fields to rezone two lots at the Northeast corner of Hartman and Nettleship. Mrs, Helen Lefflar presented a petition in opposition to the rezoning bearing 79 signatures. A number of residents of the area were present at the meeting in opposition to the rezoning and the Board heard from Dr. Robert Lefflar, Dr. J. Lawrence Jones, Tommy J. Keith, and Howard Griffith, all opposing the rezoning. John Lisle, Attorney representing the petitioner, spoke on behalf of his client and answered questions from the Board. Those opposed to the rezoning requested denial of the application because they are opposed to any zoning that would allow housing more intensive than one -family residences. ' In view of the fact that the rezoning was recommended by the Planning Commission, and taking into consideration the number of people opposed to the rezoning, the Board favored referring the matter back to the Planning Commission for further study. 273 A discussion between the Board and the audience resulted as to why there was not a better representation of the opposition to this rezoning at the Planning Commission meeting. It was suggested that the Planning Commission meetings would receive better attendance if the time was changed to a night meeting. Director Orton moved that the Board recommend to the Planning Commission that they have evening meetings so the public can get to these public hearings. The motion died for lack of a second. Following further discussion by the Board, Mayor Starr requested that some of the Board members discuss this matter with members of the Planning Commission and get their reaction to a change in.the time of their meetings. 1-274 City Manager Howe reviewed his memo to the Board regarding acceptance of the final plat on Villa Mobile Home Park. The City Attorney read for the second time, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE TO ACCEPT AND CONFIRM THE OFFICIAL FINAL PLAT OF STREET AND PUBLIC UTILITY EASEMENTS IN VILLA MOBILE HOME PARK OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDI- CATION OF STREET AND UTILITY EASEMENTS THEREIN. Several of the Board members were reluctant to accept the street dedication due to the traffic hazard at this location. It was noted that the plans for the development met the terms of the Ordinance in effect at the time the plans were drawn up approximately three years ago. Therefore, the Board members could see no alternative but to accept the dedication of the street. Director Utley stated that he believes that in the future, unless we can get property developed where it gives a reasonable intersection, there should be no indication given that it will be dedicated as a public street. Director Purdy moved that the rules be suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director McFerran 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", 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. 1828 is on Page 162 of Ordinance and Resolution Book 2. 2-274 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING SECTIONS 18-40 THROUGH 18-43 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; REQUIRING A PERMIT FOR STREET EXCAVATION; REQUIRING A CASH DEPOSIT OR SURETY BOND; REQUIRING LIGHTS AND GUARDS AROUND STREET EXCAVATIONS; ESTABLISHING MINIMUM STREET REPAIR STAND- ARDS; AND FOR OTHER PURPOSES. Following discussion by the Board, Director McFerran 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 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. 1829 is on Pages 163-65 of Ordinance and Resolution Book 2. 274 City Manager Howe reviewed Administrative Memorandum #198 regarding Water Main 1-275 Relocation on Highway 71 North. Mr. Howe explained that the engineering contract for the construction phase of the work is now up for consideration. Ep McClelland of McClelland Consulting Engineers, Inc, was present and answered questions from the Board. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the City Manager and City Clerk to execute an Engineering Services Agreement for engineering work for the construction phase of water line relocations. 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. 67-71 is on Page 143 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 2-275 and directing the City Manager and City Clerk to execute a Highway -Utility Con- struction Agreement. Director Lancaster 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. 68-71 is on Page 144 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution approving 3-275 the Change Order given to Tri -City Construction Company for the construction of a water line at Highway 16 and Wood Avenue to provide an additional loop in the water system and to improve water supply in the South part of the City. Mrs. Randall Bailey, a member of the audience who lives at 2416 Joyce, complained that she and her neighbors have been unsuccessful in getting city water extended to their homes. Mrs. Bailey objected to the City spending money to improve existing facilities when there are residents of the City without water. City Manager Howe told Mrs. Bailey the City would be glad to work with her and her neighbors to try to get water to them but that the City will not give them water lines. He stated that priority will go to the people in the City without sanitary sewers and the more densely populated areas that are without water. 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. 69-71 is on Page 145 of Ordinance and Resolution Book 2. City Manager Howe gave a status report on the prospects of a regional sanitary 4-275 landfill operation. He stated he is not optimistic about finding a temporary landfill. He said that if we do not have a regional landfill arrangement worked out within a couple of months that he would recommend the City invite bids from private contractors for hauling waste within a reasonable distance from the City. He reported that Fort Smith is doing this and it is working for them. Following discussion by the Board, it was decided to wait for further recommendation from Mr. Howe after he attends a meeting with the Forestry Commission. 275 1-276 City Manager Howe gave a status report on the Highway 265 right-of-way acquisitions and stated that we are waiting on the Arkansas Highway Department for property descriptions or appraised value. 2-276 City Manager Howe reported on the sale by public auction of two old police vehicles and reported that it was to a financial advantage that they were sold in this manner. 3-276 City Manager Howe reported that bids had been received and tabulated for the purchase of large water meters and recommended the bids be awarded as tabulated to Carlon, Temple Supply and Badger. Mr. Howe noted that the lowest bidders were accepted on these items except in certain instances where it was desirable to accept bids on a group basis because of the interchangeability of parts. Director Lancaster moved that Mr. Howe's recommendation be approved and that the bid be awarded to the acceptable lowest bidders. 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. 4-276 City Manager Howe reported that bids had also been received and tabulated for the purchase of dump truck chasis and dump beds for the Street Department and recommended the bid for the chasis be awarded to Lewis Ford, the acceptable low bidder, and the Dump Beds to Truck Equipment Company, the low bidder. Director Stanton moved that the City Manager's recommendation be approved on the purchase of these items. 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. 5-276 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the City Manager and City Clerk to execute an agreement by and between Joe Brennan and the City of Fayetteville on the construction of alter- ations and additions to the City Hospital and Geriatric Center. Mr. Howe explained that the City owns property below the City Hospital and introduced Mr. Kenneth A. Sanders, City Hospital Administrator, who answered questions from the Board. 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. 70-71 is on Page 146 of Ordinance and Resolution Book 2. 6-276 City Manager Howe discussed a letter he had received from the Arkansas Inspection f, Rating Bureau regarding the recent survey of the Fayetteville fire defenses and reviewed suggested recommendations. Mr. Howe reported that the result of the survey has not substantially changed our insurance rating. Copies of the letter were distributed to the Board members and the Press. 276 Ij L City Manager Howe discussed the upcoming Holiday on October 25 for observance of 1-277 t Veteran's Day and stated that a number of City employees would like to use the Friday following Thanksgiving instead of October 25 as a Holiday. The Board consented to this change in Holidays. City Manager Howe recommended that the purchasing procedures be waived for the 2-277 purchase of a compacting unit for the Street Department. Clayton Powell, Public Works Superintendent, discussed the need for this piece of equipment and in connection with his discussion gave a progress report on the Leverett Street project. Following discussion by the Board, Director Purdy moved that the formal bidding procedure be waived and that the City Manager be authorized to take telephone quotations and purchase the equipment from the lowest telephone quotation. 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. It is noted that the Board authorized this purchase under the understanding that this equipment will be versatile and will not tie up the use of a backhoe all of the time. City Manager Howe stated he felt it necessary for the Board to give him instruct- 3-277 ions at this meeting on whether or not to raise additional revenue. Comments from individual Board Members were as follows: Director Stanton: He is in favor of the earnings tax and feels this is the only way to get the job done but isn't sure we are ready to present the issue and doesn't know if it would pass at this time. Director Utley: He doesn't believe we can move ahead on major capitol improve- ments without additional revenue but doesn't believe we can get this issue over to the people and have it pass this Fall. Director Lancaster: The trend was favorable toward the income tax at the Town Hall Meetings but he doesn't believe people are ready at the moment to pass any type of taxation if it was put to a vote. He is not in favor of any tax that is not supported by the people and doesn't believe it has a chance to pass at this time. Director McFerran: People he has talked to are in favor of the tax but most of them are of the opinion that it would not pass this Fall. Director Purdy: Due to lack of interest in the meetings and adverse comments, he is afraid to tackle this on short notice. He believes the income tax is the only one he could support very enthusiastically but does not believe it would pass today. Director Orton: She believes we should have a vote on this matter but it will take a lot of time to get this before the people and we do not have enough time. She hopes we will do a lot of work to explain our program and get it before the public but this takes time. At the present time people do not believe we need the money. Mayor Starr: We will have to do everything we can to hold the line in every department and improve public relations. Tom Keith, a former newsman, told the Board the issue won't get people's attention until an election is called. City Manager Howe assured the Board that the City is fiscally sound on the budget we now have and we are holding the line very well. P&NA There being no further business, Director Stanton moved that the meeting be adjourned until Tuesday night, October 14 at 7:30 P.M. The motion was seconded by Director Purdy, and passed unanimously, whereupon the Mayor declared the meeting adjourned. �( n \ 11 ATTEST: 4Y%_f C& A�� LoVetta Moore, City Clerk APPROVED: 278 L