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HomeMy WebLinkAbout1972-04-17 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 173 1972 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Monday, April 17, 1972 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald Grimes, 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 April 3, 1972 meeting had been mailed to each member of the Board. The minutes were unanimously approved as mailed. Mayor Starr welcomed the new City Manager Donald L. Grimes. A large group from the Community Adult Center was present at the meeting. Mr. Ernest VonErdmannsdorff was spokesman for the group. A letter and a copy of a petition had been presented to the City Manager on April 12, 1972 and mailed to each Board member. The letter and petition are on file in the City Clerk's Office. Director Stanton arrived during the discussion concerning the Community Adult Center. After a lengthy discussion Mayor Starr explained to the group that the Board of Directors does not wish to get involved in a controversy among members of the Community Adult Center and that the membership of the Community Adult Center should settle the matter. At the request of the Mayor, the City Attorney read a proposed Ordinance entitled AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM C-2, Thoroughfare Commercial District to R-2, Medium Density Residential District", said Ordinance resulting from a rezoning petition filed by Mayflower Investment Company, Byron Boyd, Agent, to rezone a 6.69 acre tract of land located on the south side of Harold Street, 599 feet east of Highway 71, from R-1 (Low Density Residential) District and C-2 (Thoroughfare Commercial) District to R-2 (Medium Density Residential) District. The recommendation of the Planning Commission was 'that the 100 feet of R-1 zoning be retained as it presently exists and that the C-2 be rezoned to R-2. Mr. Byron Boyd was present at the meeting and he stated that Mayflower Investment Company was willing to accept the zoning pattern recom- mended by the Planning Commission. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call the motion passed unanimously. The Ordinance was read a second time. Director Purdy moved that the rules be further suspended and the Ordinance be placed on third and final reading. Director Lancaster seconded the motion and upon roll call the motion passed unanimously. The Ordinance was 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. 1862 appears on pages 63 and 64 of Ordinance and Resolution Book 3. 35 The City Attorney read a resolution authorizing City Manager and City Clerk to ' execute the grant agreement with the Department of Housing and Urban Development. The Housing and Urban Development grant is for Project WSF-AR-06-37-1001, water and sewer improvements in Fayetteville, Farmington, and Greenland. Mr. Carl Yates of McGoodwin, Williams, and Yates Consulting Engineers was present to answer questions of the Board. Director McFerran moved that the resolution be adopted, Director Purdy 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. 17-72 appears on page 32 of Ordinance and Resolution Book 3. City Attorney Malone presented a status report on intersection rights-of-way and improvement in connection with State Highway Department widening of Highway 71 from North Street north to the South By -Pass Loop. The City Attorney reported that additional right-of-way is needed for Poplar, .Appleby, Township and Sycamore intersections. The estimated cost for this right-of-way is as follows: Poplar - $2SO to $SOO Appleby - $250 to $500 Township - $5,000 to $10,000 Sycamore - $2,500 to $5,000. Street Superintendent Clayton Powell was present at the meeting to answer questions concerning the improvement of the intersections involved. ' Director Utley moved that negotiations to purchase the necessary right-of-way be entered into immediately and some definite figures be determined and that a recommendation be made by the City Manager at the next regular meeting of the Board. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. City Attorney Malone, upon request of the Mayor, read a proposed Ordinance entitled "AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF LAWSON STREET FROM OAKLAND AVENUE TO LEVERETT AVENUE; LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY; STATING THE MANNER IN WHICH ASSESSMENTS ARE PAYABLE; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE." Director McFerran moved that the rules be suspended and the Ordinance be placed on second reading. Director Lancaster seconded the motion and upon roll call the motion passed unanimously. The Ordinance was read a 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. Upon roll call the motion passed unanimously. The Ordinance was read a third time. Mayor Starr 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. 1863 appears on pages 6S and 66 of Ordinance and Resolution Book 3. ' 01 Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled ' "AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF EAST JACKSON DRIVE FROM MISSION BOULEVARD TO NORTH JACKSON DRIVE; LEVYING ASSESSMENTS AGAINST THE PROPERTY BENEFITED THEREBY; STATING THE MANNER IN WHICH ASSESSMENTS ARE PAYABLE; AND STATING THE TIME WITHIN WHICH SAID ASSESSMENTS ARE PAYABLE." A lengthy discussion followed. It was the will of the Board that the property owners on East Jackson Drive from Mission to North Jackson be notified that a new material, steel fiber reinforced concrete, would be used on the street and that they be given some information on this material. The Ordinance was left on first reading. The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a release of utility easement for construction of the Washington County School for Mentally Retarded Children, said easement not to be executed until the Washington County School for Mentally Retarded Children transfers back to the City the property that was previously deeded to the school. Director_ Lancaster 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. 18-72 appears on page 33 of Ordinance and Resolution Book 3. City Manager Grimes presented bid tabulations for sewer pipe, tees, and couplings and recommended the bid awards as contained in Administrative Memorandum #1216. Director Lancaster moved to accept the recommendations of the City Manager as stated in Administrative Memorandum #1216. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes reported that a bill from Washington General Emergency Medical Service, Inc. in the amount of $1,230.26 has been received and this item is not budgeted for this fiscal year. City Controller Tobin was present at the meeting and stated that the City should pay this bill. Director Purdy moved that the bill to Washington General Emergency Medical Service, Inc. in the amount of $1,230.26 be paid. Mayor Starr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Malone reported that the annexation of a certain tract of land would be considered shortly by the County Court. He suggested that the Board of Directors change its policy on annexation procedures and make the decision of acceptance or non-acceptance of the tract known to the applicants for annexation at the time of the hearing before the County Judge. It was the will of the Board to try the policy suggested by the City Attorney for a few times. Mayor Starr announced that Universal Oil Products Company has signed a six-month option on approximately 100 acres of property in the Fayetteville Industrial Park. The tract was evaluated and proved desirable to the company for the location of a manufacturing plant to manufacture emission control devices for automobiles. Mayor Starr emphasized that Universal Oil Products Company is very conscious about ' pollution since pollution control is their business. Director McFerran reported that the selection committee had not met to organize a study committee for citizen participation. The committee will report at the next meeting of the Board of Directors. 37 Director Purdy stated that the City should have an ordinance concerning ' overnight camper -trailer parks. Director Stanton suggested that the recommendations of KOA (Kampgrounds of America) and any other such organizations be obtained and considered when writing the proposed ordinance. City Attorney Malone recommended that the City of Fayetteville compromise the law suit between City of Fayetteville and Mr. and Mrs. Benny Winborn. Mr. Malone explained the provisions of the proposed compromise to the Board members and indicated the compromise would appear in the form of an agreement. Director Purdy moved that the City .Attorney be authorized to compromise the law suit between City of Fayetteville and Mr. and Mrs. Benny Winborn on the basis recommended by Mr. Malone. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. There being no further business, Director Stanton moved that the meeting be adjourned. Director McFerran seconded the motion. The motion passed unani- mously whereupon the Mayor declared the meeting adjourned. C - APPROVED: L4 or i ATTEST: City 9 erk N