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HomeMy WebLinkAbout1972-09-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS SEPTEMBER 19, 1972 The Board of Directors o ' f the City of Fayetteville, Arkansas met in regular session on Tuesday, September 19, 1972 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald Grimes, Administrative Assistant Sturman Mackey, Administrative Aide David McWethy, City Attorney David Malone, City Clerk Helen Young, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. Directors Absent: None. Director Purdy moved that the meeting be adjourned and reconvened in the Municipal Courtroom. Director McFerran seconded the motion which passed unanimously whereupon the Mayor declared the meeting adjourned. The Mayor called the Board of Directors meeting to order in the Municipal Courtroom. Minutes of the September 5, 1972 meeting had been distributed to each Board member prior to the meeting. There being no corrections or additions to the minutes of the September 5, 1972 meeting, the Mayor declared the minutes approved as mailed. City Attorney Malone read the recommendations of the Water and Sewer Committee concerning rural water districts and a proposed resolution authorizing the City Manager along with other City officials to complete negotiations and prepare recommendations to the Board on the matter of rural water service. Mayor Starr declared the public hearing on the recommendations of the Water and Sewer Committee in session. City Manager Donald Grimes explained the recommendations of the Water and Sewer Committee and pointed out that approving the recommendations was the best route for the City to take in order to protect the City's growth area. He stated that the rural residents should not be afraid of annexation because the City is not interested in taking in a lot of area at this time for the City to take care of its roads and provide all City services to the area. He also pointed out that the City can sell water to rural residents at rates equal to or lower than the rates a rural water district would have to charge for water. Mr. Grimes explained that the City does have funds available now to begin work on the trunk lines for the water system. Rudy Moore, representing the White River Rural Water Association, stressed the fact that the rural water district has funds available now for the entire project and is able to serve the rural people. He asked the Board to reconsider the issue in light of that fact and urged the Board to enter into a service agree- ment with the rural area as soon as possible. Garland Melton, Chairman of the Regional Planning Commission, stated that one of the goals of the Regional Planning Commission when it engaged in district planning was to maintain the character and identity of rural areas. He stated that the plan the City is proposing will work with cooperation from the rural residents. A large group of rural residents were present at the meeting to ask questions and comment on the issue. One member of the audience asked when water service would be available to the area outside Fayetteville's growth area. The City Manager and the Mayor stated that construction could be underway within a few 79 months after a service area agreement were signed. Other rural residents urged the City to approve a service agreement soon so the work on the project could begin. Director Orton stated that she felt the Water and Sewer Committee's recommendations were a reasonable approach as far as the City and the rural residents were concerned. She stated that the City's involvement in the project should be protection for the rural residents. Director Purdy requested that the wording in the title of the resolution be changed to indicate that the resolution is the "policy" of the Board of Directors. The City Attorney stated that the change would be made. Director McFerran stated that the City must have the right to its growth area and must protect its own water system. He commented that he is strongly in favor of the proposed resolution. Director Lancaster expressed support of the proposed resolution and said that he saw no reason why the proposed approach would not work for the whole community. Director Utley commented that he felt the proposed approach was the most logical approach to the problem. Director Stanton concurred with Director Utley's statement, and added that he did not feel the City should make a service agreement until "we are sure we can fulfill the agreement." A rural resident in the audience asked the press to consider publishing a progress report on this matter about once a month. Director Purdy moved the resolution as amended be adopted. Director Lancaster 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. 41-72 appears on pages 62 and 63 of Ordinance and Resolution Book 3. The City Manager requested that a meeting of the City Board, White River Rural Water District representatives, and County Residents for Rural Water representatives be scheduled for 9:00 A.M., Thursday, September 21, 1972. The meeting was announced to be held at 9:00 A.M. Thursday, September 21, 1972. City Manager Grimes acknowledged receipt of a letter from Mr. Don Thronesbery, President of Wildcat Development Corporation, stating that he does intend to construct an access roadway into his property at the southwest corner of Sunrise Mountain Road and U.S. Highway 71 as the property is developed. Mr. Grimes recommended the approval of the ordinance to rezone the tract of land located on the west side of Highway 71 South and immediately south of Sunrise Mountain Road from A-1 (Agricultural) and I-1 (Heavy Commercial and Light Industrial) to C-2 (Thoroughfare Commercial). City Attorney Malone read a third time a proposed Ordinance entitled, "AN ORDINANCE REZONING PROPERTY IN THE CITY OF FAYETTEVILLE, ARKANSAS; AMENDING ZONING ORDINANCE NO. 1747 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; AMENDING ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; AND FOR OTHER PURPOSES". after which the Mayor asked the question, "Shall the Ordinance pass?" M1 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 passed. the Mayor declared the Ordinance *Ordinance No. 1884 appears on page 108 of Ordinance and Resolution Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE REZONING VARIOUS PROPERTY IN THE CITY OF FAYETTEVILLE, ARKANSAS; AMENDING ZONING ORDINANCE NO. 1747 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; AMENDING ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; AND FOR OTHER PURPOSES", said Ordinance resulting from petition presented by Jerry E. Ray to rezone a tract of land located on the north side of Zion Road approximately 1/2 mile east of Highway 71 containing two acres from A-1 (Agricultural) to R-1 (Low Density Residential). The Planning Commission recommended the proposed rezoning. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance 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. 1885 appears on page 109 of Ordinance and Resolution Book 3. Items 5A (b) and (c), rezoning cases, were erroneously placed on the agenda. The Planning Commission recommended denial of the rezoning petitions presented by Vernon Wilson and J,R. Boston and as of the date of this meeting no written notice appealing the action of the Planning Commission had been filed with the City Clerk. The next item on the agenda was consideration of an ordinance to amend Zoning Ordinance No. 1747 and to permit the location of liquor stores in C-2 (Thoroughfare Commercial) District and in C-3 (Central Commercial) District. A copy of the proposed Ordinance was attached to the agenda of each Board member. City Attorney Malone suggested that it would be appropriate for the Planning Commission to review the proposed Ordinance and make a recommendation on the matter to the Board. It was the will of the Board to consider the proposed Ordinance after the Planning Commission had reviewed it. Consideration of a petition to vacate a portion of Walker Street in Parksdale Addition was the next item on the agenda. This item had been tabled at the September 5. 1972 meeting to allow time for the Board members to make investi- .gations into the situation. City Manager Grimes recommended that the petition be denied as the Planning Commission had recommended. Director Purdy moved the Planning Commission's action be upheld. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. Mayor Starr declared the public hearing open on a petition for issuance of a Certificate of Public Convenience and Necessity for a taxicab franchise. The petition had been filed by Mr. John A. Warren, President of Fayetteville Transportation Company, Inc. Mr. Walter Niblock, representing Fayetteville Transportation Company, Inc., presented petitions containing approximately 400 signatures urging the Board of Directors to issue another taxicab franchise in order to permit the public to be better served. Mr. Niblock explained the organization of the company and urged the Board to grant a franchise to Fayetteville Transportation Company, Inc. in the interest of serving the people of Fayetteville better. Tom Pearson, Jr., representing Yellow Cab Company, explained that Yellow Cab Company is making every effort to update their equipment and improve their services. Mr. Pearson commented that Fayetteville does not need another taxicab company. He welcomed suggestions of the Board on ways the service of Yellow Cab Company could be improved. A Fayetteville citizen who was present at the meeting complained of long waits after calling for taxicab service and of the poor condition of the equipment used by Yellow Cab Company. Director Lancaster moved that the petition for taxicab franchise presented by Fayetteville Transportation Company, Inc. be tabled for a period of six months and that the City Manager be instructed to analyze all complaints received during the six months, at which time the Board would consider the petition on the basis of whether or not the present taxicab service is adequate. Director McFerran seconded the motion. Upon roll call the following vote was recorded: "Ayes" Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" Orton. There being six "Ayes" and one "Nay" the motion passed. City Manager Donald Grimes introduced Mr. JE. McClelland of McClelland Engineers, who explained plans for the development of Lake Fayetteville recreational facilities and presented cost estimates for the park project. City Attorney Malone read a proposed resolution authorizing the City Manager to file application with the Department of Housing and Urban Development for a grant to aid in financing the project. Director McFerran moved 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. 42-72 appears on pages 64 and 65 of Ordinance and Resolution Book 3. Mayor Starr declared the public hearing open to determine the sufficiency of a street improvement district petition for Sycamore Street from College Avenue (Highway 71 North) to Woolsey Street. There being no discussion on EN the matter, the public hearing was closed and the City Attorney read a proposed resolution declaring the petition sufficient. Director Purdy moved the resolution be adopted. Director Lancaster 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. 43-72 appears on page 66 of Ordinance and Resolution Book 3. Appointment of a committee to meet with Springdale officials to study area air transportation needs was postponed indefinitely, City Attorney Malone reported that Mr. Cy Carney, Jr. had requested that the City approve a large-scale development plan for property on the south side of Township Road and east of the St. Louis and San Francisco Railroad tracks. .He explained that the Board should make some decision about whether to waive the major street plan which was adopted by the City Board of Directors on July 6, 1970 or whether to reserve the right-of-way (100 feet) for the develop- ment of Gregg Avenue as an expressway. He stated that the right-of-way can be reserved for a period of one year. City Manager Donald Grimes recommended that on the basis of the fact that revenue sharing is imminent that the Board exercise its privilege of reserving the right-of-way. Mayor Starr suggested that the issue be tabled until the next meeting of the Board to allow time for Mr. Cy Carney, Jr. to determine wh6thar the building could be turned a different way so it would fit on the lot. City Manager Donald Grimes presented his recommendation that the street improvement assessment district adjacenttD West Fayetteville Housing Site proceed under Plan B. involving Mitchell and Lewis Streets around Housing Authority property and Stone Street from the western edge of Housing Authority property to Eastern Avenue. The City Attorney stated that a resolution authorizing studies to determine the cost of the street improvements would be considered at the next meeting of the Board. The next item on the agenda was consideration of application for a private club license for Holiday Inn Lounge, Inc. The City Attorney explained that in order for an organization to serve mixed drinks application must be made and a resolution adopted to grant a private club-iicense. Director Stanton moved the resolution be adopted. Diiecetor Lancaster 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. 44-72 appears on page 67 of Ordinance and Resolution Book 3. Administrative Assistant Mackey presented Administrative Memorandum #237 containing bid tabulations for the purchase of three 25,500 GVW truck chassis and -2. six to eight cubic yard dump beds, and recommendation that the low bid from Bell International be awarded for the three 25,500 GVW truck chassis and that the only bid received for the 2 six to eight cubic yard dump beds from RN Truck Equipment Company be awarded. Director McFerran moved the recommendation of the City Manager be approved. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously. Administrative Assistant Mackey presented AdminiArative Memorandum #238 containing bid tabulation and recommendation that the bid for the purchase of one one -ton truck for the Water and Sewer Department infiltration control program be awarded to Bell International, Inc., the low bidder, in the amount of $3,991.56. Director McFerran moved the City Manager's recommendation be approved. Director Orton seconded the motion. Upon roll call the motion passed unanimously. The Administrative Assistant presented Administrative Memorandum #239 containing bid tabulation and recommendation that the bid for the purchase of one industrial tractor with backhoe and front end loader be awarded to Huenefeld Equipment Company, the second low bidder, in the amount of $14,815.00. The City Manager recommended rejection of the low bid from Rushing � Mason because the unit bid does not meet specifications as to horsepower, the unit bid does not provide a differential lock which was specified, the unit bid does not meet specificationsas to loader capacity, and the unit bid does not meet specifications as to tire size. Director Lancaster moved the City Manager's recommendation be approved. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. Administrative Assistant Mackey presented Administrative Memorandums #240 and #241 and bid tabulations for the renewal of contract for one-year period for brass goods, cast iron soil pipe and fittings. The City Manager recommended that the bid be awarded to the low bidder and in cases where there is a tie bid that the bid be awarded jointly and that purchases be made approximately half and half during the contract period for those items. Mayor Starr moved the City Manager's recommendation be approved. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes proposed that the City pay half the expenses for school crossing guards and special signalization required for school crossings. The school system would pay the other half. It was the will of the Board to accept the City Manager's proposal. City Attorney Malorie advised that the minutes of the August 15, 1972 meeting, paragraph 2, page 73 of Minute Book J. be amended. The minutes stated that the following vote was recorded on Ordinance No. 1881: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster; "Nays" None; Director Utley abstained from voting. A footnote read, "As per telephone request of Director Utley on August 17, 1972, his vote was officially changed from 'Aye' to 'Abstain' as he inadvertently voted on this issue in which he has business interests." Director Stanton moved that the minutes be amended to reflect the vote as follows: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley; "Nays" None; and that the footnote read, "As per telephone call to City Clerk on August 17, 1972, Director Utley indicated that he inadvertently voted on this issue in which he has a business interest. For later action on this matter see minutes of the meeting of September 19, 1972.11 IOU Director Utley seconded the motion. Upon roll call the motion passed unanimously. Director Purdy moved that the action on Ordinance No, 1881 be rescinded. Director Orton seconded the motion. Upon roll call the motion passed unanimously. Mayor Starr asked the question, "Shall the Ordinance No. 1881 pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Stanton. "Nays" None. Director Utley abstained from voting. There being six "Ayes" and no "Nays" the Mayor declared the Ordinance -passed. There being no further business, Director Orton moved the meeting be adjourned. Director Purdy seconded the motion which passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: W&OLi Lzkalucg City Cyerk d 0 99