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HomeMy WebLinkAbout1971-11-01 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS November 1, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, November 1, 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 and Utley. Absent: Director Stanton. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on October 18, 1971, and the adjourned meeting held October 19, 1971, copies 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 29, 1970, TO REZONE CERTAIN PROPERTY FROM A-1, AGRICULTURAL DISTRICT, TO C-2, THOROUGHFARE COMMERCIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Duane B. Nelson to rezone 2.1 acres on the West side of Highway 71 North to the West and South of Nelson's Funeral Home. F. H. Martin, Attorney representing the petitioner, answered questions from the Board. 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 Lancaster 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1830 is on Pages 167-68 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing and directing the Mayor and City Clerk to execute a Subdivider's Contract for the installation of improvements in the Thrasher -May 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, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 73-71 is on Page 153 of Ordinance and Resolution Book 2. ' The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF STREETS AND PUBLIC UTILITY EASEMENTS IN THRASHER -MAY ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREET AND UTILITY EASEMENT THEREIN. 281 1-281 2-281 3-281 1 1-282 1 2-282 Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. ' The motion was seconded by Director Utley 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 Lancaster 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1831 is on Page 169 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1747 TO PERMIT SINGLE FAMILY AND TWO FAMILY DWELLINGS IN R-0, RESIDENTIAL -OFFICE DISTRICT; AND FOR OTHER PURPOSES. Director Purdy 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 Lancaster 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1832 is on Page 170 of Ordinance and Resolution Book 2, The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1747 TO PERMIT WARE- HOUSE AND WHOLESALE ESTABLISHMENTS AS A CONDITIONAL USE IN C-2, THOROUGHFARE COMMERCIAL DISTRICT; AND FOR OTHER PURPOSES. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Utley, and upon roll call passed unanimously. The Ordinance was then read for the second time. Director Utley moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Lancaster, 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 and Utley. ' "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1833 is on Page 171 of Ordinance and Resolution Book 2. 282 The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 1-283 and directing the City Manager to cause studies to be made of the need for street improvements to Center Street from Razorback Road to Garvin Avenue. 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 74-71 is on Page 154 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution setting 2-283 out the approximate assessment of Street Improvements to Center Street from Razorback Road to Garvin Avenue, and proposing that a petition be presented to said property owners for authorization of said street improvements costs. 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 75-71 is on Pages 155-57 of Ordinance and Resolution Book 2, The City Attorney read, at the Mayor's request, a proposed Ordinance in its 3-283 entirety entitled: AN ORDINANCE AMENDING SECTION 6-87 OF THE CODE OF ORDINANCES, CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE STANDARDS FOR THE ISSUANCE OF A ' MOVING PERMIT. Following discussion by the Board, 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 Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Lancaster, 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 and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1834 is on Pages 172-73 of Ordinance and Resolution Book 2. The City Attorney read, at the Mayor's request, a proposed Resolution in its 4-283 entirety entitled: A RESOLUTION LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 1971, FIXING THE RATE THEREFOR, AND CERTIFYING SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS. Director Purdy moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 76-71 is on Page 158 of Ordinance and Resolution Book 2. 283 1-284 City Manager Howe reviewed his memo to the Board regarding the acquisition of property on Gregg Avenue stating that the major street plan calls for the widening and straightening of Gregg Avenue between Center Street and Highway 62. The City now has the opportunity to purchase property located immediately South of a severe jog in Gregg Avenue for $1,000 plus expenses necessary to clear the title. Following discussion by the Board, City Attorney Malone read, at the Mayor's request, a proposed Resolution authorizing and directing the City Manager to purchase Lots Numbered S and 6 in Hall and Gallaher Addition to the City of Fayetteville at a total purchase price of $1,068.63. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Utley, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the `Resolution passed. *Resolution No. 77-71 is on Page 159 of Ordinance and Resolution Book 2. 2-284 City Manager Howe reported that bids had been received and tabulated for the purchase of 10,000 linear feet of 3/4" copper pipe, and recommended the bid be awarded to Temple Supply Company, the lowest bidder. Director McFerran moved that the City Manager's recommendation be approved and the bid be awarded to Temple Supply Company. The Motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 3-284 City Manager Howe reported that bids had also been received and tabulated for the purchase of nuts, bolts, washers and cotter pins. The bid included 175 items. Mr. Howe recommended the bid be awarded to the lowest bidder on each item, the lowest bidders being Fullwell Motor Products Company and Robert White Company. Director Purdy moved that the City Manager's recommendation be approved and the bid be awarded to the lowest bidder on each item. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. 4-284 City Manager Howe recommended that the Board authorize him to draw up, for the Board's consideration and approval, an invitation to bid for a private contractor to handle the disposition of the City's solid waste material. Said bid would contain provisions of the contract to be entered into by the lowest and best bidder and the proposed bid would be presented to the Board for final approval before advertisement of the bid is made. This arrangement would be an alternative to the City operating a landfill operation by itself and would avoid a large investment in capital and equipment by the City. Following discussion by the Board, Mr. Howe's recommendation was unanimously agreed to by the Board. ME Director Purdy opened a discussion on the landfill situation and stated he has ' never had the slightest sympathy for the Board entering the landfill operation. He said he does not believe it is an answer and stated that so many things we have done have not been paid for by the time they were abandoned. He has spent some time at the incinerator looking over the problems we are having with it and Dr. Sohl from the University has some recommendations that he feels are very good and might work. He believes the most sensible and economical thing we can do is to keep what we have working. He did not wish to imply that this is an answer and feels it is not the end result we are after, but it does seem that it is a "time buyer" and a device to keep us getting along until we get the answer. He recommended that we make minimal repairs on the incinerator to enable us to keep using it until we see what we are going to do. Luther Tharpe, Sanitation Superintendent, was present at the meeting and answered questions from the Board as to the amount of money that would be involved in keeping the incinerator in working condition. The rest of the Board members were in favor of Director Purdy's recommendation and, as Director Lancaster stated, it is not a question of what we want to do, it is a matter of what we are going to have to do. Mayor Starr spoke for the Board and stated that repairs on the incinerator would be left up to Mr. Howe and Luther Tharpe and they would have authorization to make necessary repairs and expenditures on the incinerator until another solution is found. City Manager Howe reported that the Audit of the Water $ Sewer Department funds have been received for the fiscal year ended July 31, 1971, and copies were distributed to the Board members and the Press. Mr. Howe also noted that the City Controller had prepared a Third Quarter Financial Statement for 1971 and distributed copies of this report. Mr. Howe reviewed Mr. Tobin's comments regarding the report. 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 improvements to Lawson Street from Oakland Avenue to Leverett Avenue 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 improvements to Lawson Street from Oakland Avenue to Leverett Avenue to be sufficient. Director Lancaster moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 78-71 is on Page 160 of Ordinance and Resolution Book 2. 1-285 2-285 3-285 City Manager Howe requested the Board's permission to be absent from the City 4-285 November 6-14 to attend the International City Management Association Conference, and requested that City Controller, Pat Tobin, be designated Acting City Manager in his absence. The Board unanimously agreed to grant Mr. Howe's request. There being no further business, Mayor Starr adjoi ATTEST: & 0 giA00 APPROVED LoVetta Moore, City Clerk 285