Loading...
HomeMy WebLinkAbout1971-11-15 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS ' November 15, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, November 15, 1971, in the Directors Room of 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, Lancaster and Utley. Absent: Directors Starr and Stanton. Others Present: Representatives of the City Administration and Press. The meeting was conducted by Ernest Lancaster, Assistant Mayor, in the absence of Mayor Starr. The minutes of the last regular meeting on November 1, 1971, copies of which had previously been mailed to each of the Directors, were approved. 1-286 The City Attorney read, at the Asst. 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 290 1970, TO REZONE CERTAIN PROPERTY FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO R-25 MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Gene L. Thrasher and John May to rezone a 21.3 acre tract of land located on the South side of Mill Street just West of Sherman Avenue. Gene Thrasher was present at the meeting and answered questions from the Board. ' Director McFerran moved that the rules be suspended and that 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 that 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. Asst. Mayor Lancaster then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", None. There being five"Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1835 is on Pages 174-75 of Ordinance and Resolution Book 2. 2-286 The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF LAWSON STREET FROM LEVERETT AVENUE TO OAKLAND AVENUE; LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY; STATING THE MANNER IN WHICH SUCH ASSESSMENTS ARE PAYABLE; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE. Director McFerran moved that the rules be suspended and that 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 McFerran moved that the rules be further suspended and that 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. HM Asst. Mayor Lancaster then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1836 is on Pages 175-76 of Ordinance and Resolution Book 2. City Manager Howe discussed a request from the new Sears Store in the Northwest Arkansas Shopping Center for approval to privately contract garbage disposal with an operator out of Rogers. Luther Tharpe, Sanitation Superintendent, was present and answered questions from the Board regarding the sanitation facilities at the Shopping Center. He stated that the Shopping Center's sanitation containers were purchased prior to checking with the City and were purchased with the intention of disposing of its garbage privately. The equipment purchased is the wrong type of containers for the City's equipment to handle. Director Orton suggested that Sears consider recycling the paper material they have to dispose of, separating the paper from the refuse from the cafeteria. Director McFerran moved that action on this matter be deferred for a couple of weeks, allowing time to discuss with Sears various possibilities for solving this situation. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the motion passed. City Manager Howe distributed copies of a Draft of a Notice to Bidders for a private contractor to provide and operate a Sanitary Landfill for the City of Fayetteville. After reviewing the Draft, Mr. Howe read a letter from Ken Riley, Director of the Northwest Arkansas Regional Planning Commission urging the City to wait until a plan for a landfill can be worked out on a regional basis. After reading the letter, Mr. Howe stated that he feels from the Cipy's stardpoint.we are facing an urgent situation. This is a crucial problem for Fayetteville and the question is how long do we want to wait for a regional approach. Following discussion by the Board, Director Utley moved that the City Manager be authorized to request of the Northwest Arkansas Planning Commission a written statement as to when a regional disposal system will be in operation or how long they would expect the City to wait before going it alone. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the motion passed.' 1-287 2-287 City Manager Howe reported that a letter from McClelland Consulting Engineers, 3-287 Inc. states that bids for the relocation of the 8" water main North of Fayetteville have been received and tabulated and the low bidder was Tri -City Construction Company of Kansas City, Missouri, whose bid was $33,811.00. The Engineer recommended that the award of the contract for this work be awarded to Tri -City. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing acceptance of the Engineer's recommendation for the award of the contract and authorizing the Mayor and City Clerk to execute the contract. 287 1 1-288 1 2-288 Director Purdy 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, Lancaster and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the Resolution passed. *Resolution No. 79-71 is on Page 161 of Ordinance and Resolution Book 2. The City Attorney read, at the Asst. Mayor's request, a proposed Ordinance in its entirety entitled: AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION OF LANDS DESCRIBED IN PLAT OF VIRGINIA HILLS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. Director McFerran moved that the rules be suspended and that 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 McFerran moved that the rules be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Utley, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. Asst. Mayor Lancaster then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", None. There being five "Ayes" and no "Nays", the Asst. Mayor declared the Ordinance passed. *Ordinance No. 1837 is on Pages 178-79 of Ordinance and Resolution Book 2. City Manager Howe advised the Board that there will be a Public Hearing of the Arkansas Department of Pollution Control and Ecology in Little Rock on November 30th. The Department will require real estate subdivisions in proximity to lakes and streams which are not connected to public sewer and treatment systems to apply to the Department for a disposal permit. Mr. Howe stated this public hearing is very important to Fayetteville because it would bring about the regulation of subdivisions around Beaver Lake. Director Orton stated that a member of the Pollution Control Committee will be present at the meeting and this Committee is also sending a written statement to the meeting. Director Utley stated that this Agency and the State Health Department appear to be doing the same thing in this respect and this might be a good point to mention in the written statement from this Board. Following discussion by the Board, it was concluded that the concern of the City of Fayetteville should be definitely expressed at the Public Hearing both written and by representation and that that concern should include the urge that clarification and responsibility be held to one committee for the State. 3-288 City Manager Howe reported that two vacancies have occurred on the Community Appearance Committee. He stated that Nancy Richards and Allan Gilbert have both resigned from this Committee and the matter of filling these vacancies will be on the agenda for the next Board meeting. 4-288 City Attorney Malone gave an information report to the Board on two lawsuits which are presently in process; namely (1) DonRey Outdoor Advertising vs. the City of Fayetteville, and (2) the lawsuit involving the Gulf Oil Company sign MOE City Manager Howe presented the Board members copies of the Preliminary 1972 1-289 Annual Budget and Work Program. Asst, Mayor Lancaster recommended that the Board members study the budget and set a special meeting for working on the budget between the last regular meeting in December and the end of that month. Mr. Paris Raymond, Treasurer of the Community Adult Center, spoke to the Board 2-289 concerning the needs of the Adult Center and requested that the Board take their needs into consideration when reviewing the 1972 Budget. City Manager Howe reported that the owners of property on Susan Drive, where 3-289 the barricade was recently errected in compliance with a decision from this Board, have granted a Right -of -Way to the Winborns, subdividers of Winwood Estates Subdivision. The Winborns wish to errect a gate where the barricade is located. The proposed gate would be closed at various times preventing through traffic on this street and thus keeping the street from becoming a "public way". The Board discussed this matter and concurred that the barricade, as errected, would remain as was previously decided. Director Orton recommended that advisory and ad hoc committees be utilized to 4-289 study various issues that concern the citizens of Fayetteville, thus involving public participation in City government. Mrs. Orton stated that although there are a number of existing committees, they are given no framework within which to work and are told very little about what is expected of them. She recommended that guidelines be established to strengthen these committees. She stated that special committees could have been assigned to make studies and recommendations ' to the Board on the recent dog Ordinance issue and the sanitary landfill problem. Director Lancaster opposed creating any new committees and took issue with the theory that such a committee could have solved the dog leash ordinance problem. Director Utley stated that the problem with committees is that they are not legally responsible for decisions based on their recommendations and the cost aspects are not always taken into consideration because they don't have to work with a budget. Director Lancaster suggested that if committees of this type are to be appointed, that the first committee created by the Board be assigned to consider the dog ordinance, that people representing both sides of the issue be appointed to the committee, and that each Board member should submit a list of suggested names for members to serve on such a committee at the next meeting. Director Orton stated that the Board shouldn't come up with the list of names, but rather a committee should be designated and the public given the opportunity to call the City Manager and place their names on a list for consideration for appointment to a committee. This would bring about public participation by concerned citizens. Following discussion by the Board, Director McFerran moved that this issue be put on the agenda for the next Board meeting and that Mrs. Orton make a more specific presentation at that time with respect to the creation of more com- mittees, thus allowing time for the Bard members to consider this matter before taking any action on it. There was no second to Director McFerran's motion and no vote was taken, but it was the will of the Board to defer action on this matter to the next meeting. There being no further business, Director Purdy moved that the meeting be adjourned. The motion was seconded by Director Utley and passed unanimously, whereupon the Asst. Mayor declared the meeting adjourned. ATTEST: l/>Iood. & lhwu APPROVED: LoVetta Moore, City Clerk Ernest Lancaster, Asst. Mayor MN