HomeMy WebLinkAbout1972-10-03 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OCTOBER 3� 1972 1
The Board of Directors of the City of Fayetteville, Arkansas met in
regular session on Tuesday, October 3, 1972 in the Directors Room of the
City Administration Building at 7:30 P.M.
Present: City Manager Donald L. 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 McFerran moved that the meeting be adjourned and reconvened in
the Municipal Courtroom. Director Purdy 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 19, 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 19, 1972 meeting, the Mayor declared the
minutes approved as mailed.
City Attorney Malone reported that a service area agreement has been
drafted and he suggested that an additional clause be inserted as Paragraph
8 of the agreement. The draft agreement originally provided that the City
may not go outside the growth area for a period of three years to provide
water service without a written agreement with the rural water district
or annexation of the area. Paragraph 8 would provide that the City has the
right to provide water service to any governmental entity outside the
projected Fayetteville growth area.
Rudy Moore, representing the White River Rural Water Association, proposed
that the draft service area agreement without Paragraph 8 be executed.
City Attorney Malone read a letter which would be signed upon the Board's
approval and sent to Mr. Harvel Dowell, Chairman, Rural Development
Authority, and Mr. Rudy Moore, Attorney at Law. The letter in its entirety
read:
"The City of Fayetteville, Arkansas, has recently identified its
projected growth area (see attached map) for the purpose of entering into
water service contracts or water service area agreements. It is the intent
of the City to provide municipal water service to this area. Rural water
districts or other water service agencies will not be permitted to supply
water within these indicated boundaries except by written agreement with
the City of Fayetteville. Rural water districts are encouraged to provide
water service outside of the projected growth area.
The City reserves the right to provide water service to any govern-
mental entity (including water districts, incorporated towns and/or muni-
cipalities) outside the projected Fayetteville growth area whether said
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entity was formed before or after the date of this letter, In this regard,
the City reserves the right to cross water lines constructed by any rural
water district for the purpose of providing service to any governmental
entity outside the Fayetteville projected growth area.
This letter was approved by the Fayetteville City Board of Directors
at a regular meeting held on October 3. 1972, and has been entered into the
minutes of that meeting."
Mr. Rudy Moore expressed doubt that the letter would be acceptable to
Farmers' Home Administration but was told that if the letter is not acceptable
another meeting will be held to make other arrangements.
Director Stanton moved that a resolution authorizing the Mayor to execute
letters to Mr. Harvel Dowell and Mr. Rudy Moore be adopted. 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. 45-72 appears on page 68 of Ordinance and Resolution Book 3.
City Manager Grimes reported that a recommendation about financing water
service to rural areas would be presented in the near future. Mr. Grimes
recommended that the City employ engineering firms to do the work on the basic
grid systems outside the City. He further recommended that the engineering
firm of McGoodwin, Williams and Yates be employed for work on the grid system
west of the City, and that the engineering firm of J. E. McClelland be employed
for work on the grid system east of theCity.
Director McFerran moved that a resolution authorizing the City Manager to
employ the above-named firms 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. 46-72 appears on page 69 of Ordinance and Resolution Book 3.
Attached to the agenda of each Board member was Administrative Memorandum No. 243
and a summary of the proposed revenue sharing bill as approved by the Conference
Committee of the United States Congress. Mr, Grimes estimated that Fayetteville
will receive approximately $365,000.00 soon if the provision making the bill
retroactive to January 1, 1972 remains in the final legislation. Administrative
Memorandum No. 243 contained a list of municipal needs and recommendation that
1972 revenue sharing funds (if approved) be utilized as indicated in the
memorandum.
Director Utley stated that he felt the revenue sharing funds should be used
primarily for capital improvements and capital equipment, with de -emphasis on
personnel.
Director Utley moved that a resolution be adopted accepting the City Manager's
proposed budget for use of 1972 revenue sharing funds and specifying that the
use of revenue sharing funds emphasize capital improvements and capital
equipment, with de -emphasis on personnel. Director McFerran seconded the
motion.
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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. 47-72 appears on page 70 of Ordinance and Resolution Book 3.
The next item on the agenda was consideration of appeal by Cy Carney, Jr.
on the matter of "no action" by the Planning Commission on a large scale
development plan. This matter was tabled at the September 19, 1972 meeting
to allow Mr. Carney an opportunity to see if his proposed building could
be moved on the property or adjusted in such a way as to allow the construction
even if the Gregg Avenue improvements were undertaken.
Ronald G. Woodruff, Attorney representing Mr. Cy Carney, Jr., and Mr. Carney
were present at the meeting to ask the Board to abandon the Major Street Plan
adopted in July, 1970 and allow Mr. Carney to build his building.
Directors Orton and McFerran expressed reluctance to abandon the Major
Street Plan since Gregg Street needs to be straightened to correct
dangerous intersections and the Major Street Plan is the most feasible
route for a street through town.
Director Utley suggested that some consideration be given to the possibility
of getting a setback variance ruling from the Board of Adjustment.
Mayor Starr summarized the discussion by advising Mr. Carney and Mr.
Woodruff that the City would like to have the street right-of-way and that
perhaps the problem could be resolved some other way.
City Manager Grimes acknowledged that the City, as of about 45 days ago,
has been put on one year's notice to exercise its reservation for the
right-of-way.
City Attorney Malone said that no action was needed on the matter.
Mr. Walter Niblock was present at the meeting to represent Mr. Lester Bale
in his appeal of the Planning Commission's denial of a rezoning request to
rezone his property on Highway 16 West from A-1 to C-2. Mr. Niblock
proposed that an ordinance be drafted to rezone the property until a
building permit for a commercial building could be issued and then the
zoning could be changed back to A-1 with Mr. Bale's building as a non-
conforming use.
Director Orton expressed her support of thePlanning Commission's recom-
mendation that the rezoning request be denied lest a trend for commercial
establishments be started along Highway 16 West.
Director Stanton stated that he disagreed with the Planning Commission's
recommendation because commercial establishments must be where the traffic
is. He commented that there is a lot more residential property west of the
By -Pass then there is east of the By -Pass.
Director Purdy indicated that zoning property for commercial establishments
should be done by some general rezoning rather than by spot zoning.
Director McFerran commented that property along Highway 71 has been
destroyed for anything but business establishments yet it is so high no one
can afford it. He added that this will happen again on other highways
and for this reason he would oppose the proposed rezoning.
Director Utley stated that he would vote for rezoning property from the
Highway 71 By -Pass if the people in the area were generally interested in
doing that.
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Director Stanton suggested that maybe the Board could recommend to the
Planning Commission that the Planning Commission study some areas of the
City and find someplace for businesses to locate.
No action was taken on the matter which resulted in the City Board upholding
the Planning Commission's denial of the rezoning request.
The City Attorney reported that Mr. Vernon Wilson had requested that his
rezoning appeal be tabled until a later date. After a short discussion on
when the matter should be considered, Director McFerran moved to table the
matter until the first meeting in December, December 5, 1972. Director
Stanton seconde� the motion: Upon roll call the motion passed unanimously.
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City Attorney Malone reported that application has been filed for a private
club license for Ramada Inn. He stated that the application appears to meet
all qualifications of City ordinances.
Director Purdy moved that a resoluiion be adopted authorizing the granting
of a private club license to Ramada Inn, Caesar's Lounge, Inc, Director
Utley 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 �he resolution
adopted.
*Resolution No. 48-72 appears on page 71 of Ordinance and Resolution Book 3.
Mr. E. J. Ball, representing Mr. Ray Ellis of Fayetteville Flying Service and
S cheduled Skyways, Inc., was present at the meeting to ask the Board's
authorization for transferring the lease of Fayetteville Flying Service and
Scheduled Skyways, Inc. to Scheduled Skyways, Inc. He explained that Mr, Ray
Ellis will continue as general manager of Scheduled Skyways, Ir1c. for at least
three years. He listed the stockholders of Scheduled Skyways, Inc. as follows:
H. L. Hembro, Jim Hall, Don Phillips, and Paul Jones, President.
Director,McFerran moved the transfer of the lease be authorized. Director
Orton seconded the motion. Upon roll call the motion passed unanimously.
The City Manager presented quotation tabulations for installing an 8 -inch
water line on Highway 45 East and a 6 -inch water line on Nineteenth Street.
He recommended the bids be awarded to the low bidders - to Tri -City
Construction Company for the 8 -inch water line and to Johnson Plumbing and
Heating Company for the 6 -inch water line.
Director Purdy moved to waive the formal bidding requirements and accept the
City Manager's recommendation. Director Stant6n seconded the motion. Upon
roll call the motion passed unanimously.
City Manager Grimes announced a joint meeting of the City Board of birectors
and the Board of Directors of the Chamber of Commerce to be held on Thursday,
October 5, 1972 at 4:00 P.M., to discuss the pending Arkansas State Highway
Department bond issue.
Attached to the agenda of each Board member was Administrative Memorandum #242
and Taxicab Service Survey. Administrative Memorandum #242 stated, "Unless
the Board decides otherwise, this questionaire will be sent to approximately
GOO citizens, chosen at random based on their water billing number."
There was no discussion on this matter.
RE
There being no further business, Director Stanton moved the meeting be
adjourned. Director Lancaster seconded the motion which passed unanimously,
whereupon the Mayor declared the meeting adjourned, I
ATTEST:
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(7ity Clerk
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