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Home My WebLink About1972-03-20 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS March 20, 1972 1' The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Monday, March 20, 1972 in the Directors Room of the City Administration Building at 7:30 P.M. Present: Acting City 'Manager Pat Tobin, Administrative Assistant Sturman Mackey, City Attorney David Malone, City Clerk Helen Young, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton, Others Present: Representatives of the press. Directors Absent: None. Minutes of the March 6, 1972 meeting had been mailed to each member of the Board. The minutes of the March 6, 1972 meeting were approved as being accurate by Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. The City Attorney, at the request of the Mayor, read a proposed ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 19700 TO REZONE CERTAIN PROPERTY FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT", said ordinance resulting from application by Raymond Lierly to rezone a tract of land consisting of .58 acre located on the north side of Mt. Comfort Road approximately 200 feet east of Stephens Avenue from R-1 (Low Density Residential) District to R-2 (Medium Density Residential) District. The rezoning was recommended by the Planning Commission. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call the motion passed unanimously. The City Attorney then read the Ordinance the second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Orton seconded the motion and upon roll call the motion passed unanimously. The Ordinance was read for the third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1857 appears on pages 32 and 33 of Ordinance and Resolution Book 3. The Mayor requested that the City Attorney read a proposed ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 290 1970, TO REZONE CERTAIN PROPERTY FROM A-1 AGRICULTURAL DISTRICT TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT", said Ordinance resulting from application by Wade Bishop for rezoning of a 29.52 acre tract of land located on the west side of Appleby Road about 1/2 mile west of Highway 71 from A-1 (Agricultural) District to R-2 (Medium Density Residential) District. The rezoning was recommended by the Planning Commission. Director McFerran moved the rules be suspended and the Ordinance be placed on ' second reading. Director Utley seconded the motion and upon roll call the motion passed unanimously. The Ordinance was then read a second time. 91 Director Stanton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Purdy seconded the motion and upon roll call the motion passed unanimously. The Ordinance was then read a third time, after which the Mayor asked the question, "'Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1858 appears on pages 34 and 3S of Ordinance and Resolution Book 3. The next item of business was consideration of private club license for The Library Club at 422 West Dickson Street. An application for the license had been submitted by Richard Pool, _President of The Library Club. City Attorney Malone explained to the Board that such an organization must first apply to the State of Arkansas for a permit and then apply to the City of Fayetteville. The application was approved by the State. The Chief of Police has reviewed the case and has no objection to the granting of a license to The Library Club. The Library Club meets the qualifications of the Ordinance governing such establishments and the standards set up by the Board. Marshall Carlisle was present at the Board meeting and explained the organization of The Library Club. Director Utley expressed his opposition to the granting of a private club license to The Library Club or any such facility which distributes alcoholic beverages because of its proximity to'the University of Arkansas campus. Director Purdy moved that the application for a private club license for The lAbrary Club be approved. Director Orton seconded the motion and upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Stanton. "Nays" Utley. There being six "Ayes" and one "Nay" the motion was declared passed. City Attorney Malone, at the request of the Mayor, read a proposed 'ordinance entitled "AN ORDINANCE DEFINING AND REGULATING MOBILE HOME PARKS: ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONSTRUCTION AND MAINTENANCE OF MOBILE HOME PARKS; ESTAB- LISHING MINIMUM STANDARDS AND CONDITIONS TO MAKE MOBILE HOME PARKS SAFE, SANITARY, AND FIT FOR HUMAN HABITATION; FIXING THE RESPONSIBILITIES AND DUTIES OF OWNERS AND OPERATORS OF MOBILE HOME PARKS; AUTHORIZING INSPECTION OF MOBILE HOME PARKS; AND FIXING PENALTIES FOR VIOLATION". Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call the motion passed unanimously. The Ordinance was read a second time. Director Stanton moved that the rules be further suspended and the Ordinance be placed on third and final reading. Director Utley seconded the motion,and upon roll call the motion passed unanimously. The Ordinance was then read a third time. The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the.Mayor declared the Ordinance passed. *Ordinance No. 1859 appears on pages 36, 37, 38, 39, 40, 41, 42, 43, 44, 4S, 46, 47, 48, 49, 50, and 51 of Ordinance and Resolution Book 3. 27 At the request of the Mayor, the City Attorney read a proposed ordinance entitled "AN ORDINANCE AMENDING THE TIME FOR PAYMENT OF ASSESSMENTS IN CERTAIN IMPROVEMENT AND ASSESSMENT DISTRICTS", Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion and upon roll call the motion passed unanimously. The Ordinance was then read a second time. Director McFerran moved that the rules be further suspended and the Ordinance be placed on third and final reading. Director Purdy seconded the motion and upon roll call the motion passed unanimously. The Ordinance was read a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1860 appears on page 52 of Ordinance and Resolution Book 3, The City Attorney read a resolution authorizing the City Controller to collect the assessments for street and sewer projects. Director Purdy moved to approve the resolution. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 12-72 appears on page 27 of Ordinance and Resolution Book 3. , Acting City Manager Tobin presented to the Board an application to the Department of Housipg and Urban Development for Workable Program Re -Certification. The present certification expires June 30, 1972. Mr. Griff Stockley, at the request of League of Women Voters, read a portion of a research paper he had written which pointed out what he termed deficiencies in a prior application for Workable Program Re -Certification. Mrs. Kennedy and Mrs. Benedict voiced their objection to the application because of the lack of citizen participation in the preparation of the application. Mayor Starr suggested that the Board postpone any action on the matter until the April 3, 1972 meeting to give the Board of Directors and local citizens time to review the application. It was the will of the Board to postpone action until the April 3, 1972 meeting. Acting City Manager Tobin presented Administrative Memorandum #215, a cost analysis for City and employee participation in Employee Health Care Insurance Program. Director Purdy moved to approve a resolution accepting Proposal "B" as outlined in Administrative Memorandum #215 for city participation in employee health care insurance. Director Orton seconded the motion and upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution 13-72 appears on page 28 of Ordinance and Resolution Book 3. Acting City Manager Tobin presented Administrative Memorandum #214 regarding bids I on water and sewer construction . Several board members voiced opposition to the Highway 265 South sewer line because it has not been the policy of the PO City of Fayetteville to run sewer lines to subdivisions at the expense of the City. The construction of Highway 265 South sewer line at this time does not fit into the priority schedule set up previously. The Board also felt that water and sewer lines should be provided to those areas already populated so the City could begin collecting the revenues immediately upon the completion of the lines. The City Attorney read a resolution authorizing the Mayor and the City Clerk to execute a contract with Tri -City Construction Company for the construction of water lines on Willoughby Road and sewer lines on Township Road and Old Wire Road. Director Lancaster moved the resolution be adopted. Director Orton seconded the motion and upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. 'Resolution No. 14-72 appears on page 29 of Ordinance and Resolution Book 3. Acting City Manager Tobin presented bid tabulations for fire hydrants and recommended award to the low bidder, Bowles and Edens Corporation. Director Purdy moved to accept the recommendation of the Acting City Manager and Director Orton seconded the motion. Upon roll call the motion passed unanimously. Due to lack of information, action was postponed for bid awards for sewer pipe and fittings. Acting City Manager Tobin presented bid tabulations for 8-12 Ton Steel Wheel Roller and recommended that the bid be awarded to Little Rock Road Machinery Company. Street Superintendent Clayton Powell explained that the additional lugging power of the Galion engine sold by Little Rock Road Machinery Company will provide operational benefits beyond the additional cost of $167,25., Director Lancaster moved to accept the recommendation of the Acting City Manager. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. Acting City Manager Tobin presented bid tabulations for Portland and Masonry Cement and recommended acceptance of low bids offered by Fayetteville Lumber and Cement Company. Director Stanton moved to accept the recommendation of the Acting City Manager. .Director Purdy seconded the motion. Upon roll call the motion passed unanimously. Director McFerran reported that it was the .recommendation of the nominating committee to select James H. White, 2770 Elizabeth Street, Fayetteville, Arkansas, as a member of the Board of Adjustments to replace Fred Robinson who has resigned from the Board. Director McFerran moved that the Board accept James H. White as a member of the Board of Adjustments. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. Director Purdy moved to accept Steve Wood, S24 Gabbard, Fayetteville, Arkansas, as a member of the Housing Task Force. Director Starr seconded the motion. Upon roll call the motion passed unanimously. Acting City Manager Tobin presented a construction report on water and sewer line ;projects as of March 18, 1972. He reported that the projects are on schedule as of this date. N7 Director Orton moved to accept Architect John Williams as a member of the I Housing Task Force, Director Lancaster seconded the motion, Upon roll call the motion passed unanimously. Acting City Manager Tobin presented the financial statement for the end of the fiscal year, December 31, 1971, A detailed report will be presented at the April 3, 1972 meeting. City Attorney Malone read a resolution authorizing and directing the condemnation of rights of way and easements for construction, installation and maintenance of water and sewer lines on Township Road, Willoughby Road and Old Wire Road. Director Purdy moved that the resolution be adopted. Director McFerran seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 1S-72 appears on page 30 of Ordinance and Resolution Book 3, Director Lancaster reported that April 28, 1972 has been designated by the Chamber of Commerce as County -Wide Clean -Up Day, The Mayor requested that the City Attorney write a resolution declaring April 28, 1972 as City -Wide Clean -Up Day in conjunction with a county -wide effort to be implemented by the Fayetteville Chamber of Commerce, county government, and City of Fayetteville under the auspices of the City Sanitation Department, the Community Appearance Committee and the United States Army Reserve Civil Affairs Unit #306, There being no further business, Director Purdy moved that the meeting be , adjourned. Director McFerran seconded the motion which passed unanimously, whereupon the Mayor declared the meeting adjourned. ' I i APPROVED: oed Starr,Mayor ATTEST:` /,) -?(4✓ Helen You Cil Clerk 30