Loading...
HomeMy WebLinkAbout1972-11-08 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS NOVEMBER 8. 1972 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Wednesday, November 8, 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 and Utley. Directors Absent: Stanton. Others Present: Representatives of the press. Minutes of the Cctober 17, 1972 meeting had been distributed to each Board member prior to the meeting. There being no corrections or additions to the minutes of the October 17, 1972 meeting, the Mayor declared the minutes approved as mailed. Upon request of the Mayor, the City Attorney read a proposed resolution authorizing studies of the need for street improvements on Stone Street from Eastern Avenue to a point 408.5 feet west of Lewis Avenue, on Lewis Avenue from Mitchell Street to Stone Street, and on Mitchell Street from Lewis Avenue to a point 408.5 feet west of Lewis Avenue. City Manager Grimes explained that the streets included in this resolu- tion represent the most feasible of the plans presented at the September 19, 1972 meeting of the Board of Directors. In answer to Director Orton's question, City Attorney Nalone stated that the estimated assessments for the improvements are substantially less per property owner than the original assessments because the project is smaller. Director McFerran moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 49-72 appears on page 72 of Ordinance and Resolution Book 3. Upon request of Mayor Starr, the City Attorney read a proposed resolution reporting the findings of studies made on the improvement of Stone Street from Eastern Avenue to a point 408.5 feet west of Lewis Avenue, on Lewis Avenue from Mitchell Street to Stone Street, and on Mitchell Street from Lewis Avenue to a point 408.5 feet west of Lewis Avenue. Mr. John Jennings, associate of Mr. Gene Kelley who represents some property owners in the proposed improvement district area, was present at the meeting to ask the Board to delay action on this resolution until the next regular meeting of the Board so Mr. Kelley could be present. After some discussion during which City Attorney Malone commented that the resolution is merely a recommendation, Mr. Jennings said he did not think they would have an objection to the Board's acting on the resolution at this meeting. M Director Utley moved the resolution be adopted. Director Purdy seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. SO -72 appears on pages 73, 74, 75 and 76 of Ordinance and Resolution Book 3. City Manager Grimes presented the recommendation of the Water and Sewer Committee setting the bulk water rate for rural water districts at 61 cents per 1,000 gallons. The bulk water rate of 61 cents per 1,000 gallons was recommended by Black and Veatch to cover the cost of providing water through the Fayetteville system (60 cents) and depreciation of the Fayetteville system (1 cent). Mr. Grimes stated that the responsibility of the City of Fayetteville ends at the master meter. Director McFerran moved that the bulk water rate recommended by the Water and Sewer Committee be approved and that the City Attorney be authorized to prepare an ordinance establishing the bulk water rate as recommended. Director Purdy seconded the motion. Upon roll call the motion passed unanimously. It was the will of the Board to authorize the City Manager to inform the rural water districts that the City of.Fayetteville can sell them water at a bulk rate of 61 cents per 1,000 gallons. Director Purdy asked Mr. Grimes to indicate in the letter to rural water districts that other conditions regarding the water service agreement will be decided at a later time. City Manager Grimes recommended that engineering contracts be executed with McGoodwin, Williams and Yates for west growth area water main extension, J. E. McClelland for east growth area water main extension, and J. E. McClelland for relocation of a water main along Highway 71 South from the Highway 71 Bypass to Greehland. Engineering fee will bet eight percent of the contract cost for the above mentioned projects. Director Lancaster moved to approve the City Manager's recommendation and authorize engineering contracts with the engineering firms mentioned above. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, McFerran, Starr, Lancaster and Utley. "Nays" None. Director Purdy abstained from voting. City Attorney Malone presented a memorandum regarding the property dispute at the north end of Juneway Terrace. The City of Fayetteville holds a deed signed by two of the four persons who owned the property when the deed was made. Mr. Gordon Wilkins who also holds a deed to the property (Lots 24 and 2S of Northridge Subdivision) was present at the meeting. Mr. Wilkins stated that he would like to build a house on the property. City Manager Grimes pointed out that there is a high pressure gas line through the lot and a water line..on the east side of one lot. City Attorney Malone commented that if the property were used for a street, the City would have to build the street; if the propefty were given to Mr. Wilkins, the City would have to build a cul-de-sac. 95 In answer to Mayor Starr's question as to whether the City would be needing a street through that property, City Manager Grimes commented that he would not want a street there if he lived to the south of the disputed property; Director Purdy stated that from the point of view of getting around in the area he felt a street is needed there. City Attorney Malone explained that if the City of Fayetteville gives the property to Mr. Wilkins, the City could th�n sue Mr. Ottis Watson who deeded the property to the City for the failure of his warranties made at the time he made the deed. If the City does not give the property to Mr. Wilkins, Mr. Wilkins can sue Mr, Watson. Director Utley commented that it was his opinion that the City should pursue keeping the property for a street. ,Mr. Wilkins said that if a street were built on the property it would cause drainage problems for the people living south of the proposed street since the streets north of the proposed street have no gutters. Mr. Grimes stated that the water problem could probably be handled by the engineering of the street. Mayor Starr outlined the following alternatives for Board action: 1. Authorize the City Attorney to begin proceedings to quiet the title. 2. Give the title of the property to Mr. Gordon Wilkins. 3. No action. Director McFerran moved that the City Attorney be authorized to begin proceedings to quiet the title to the disputed property. A discussion followed about whether the City or Mr. Wilkins should file suit to quiet the title. Mrs. T. C. Carlson, Jr. advocated that the person in doubt about his title should file suit to quiet the title. Director Utley seconded the motion to authorize the City Attorney to begin proceedings to quiet the title. Upon roll call the motion passed unanimously. Mr. Larry Wood of the Regional Planning Commission presented recommenda- tions regarding the General Land Use Plan and the proposed Bypass zoning. Mr. Wood recommended that if the Board is satisfied with the land use plan presented that they consider an ordinance to make the Bypass area a part of the City zoning laws. lie also recommended that the Major Street Plan be amended to include the service roads to the Bypass. City Manager Grimes recommended that the Board delay action on the matter until the Northwest Regional Transportation Plan comes before the Board for consideration. The matter of service roads will be included in the Northwest Regional Transportation Plan. Mr. Grimes also recommended that the Board take time to study the zoning districts recommended for the Bypass region and hold a public hearing before adopting the zoning districts. No action was taken on the matter. Upon request of the Mayor, the City Attorney read a proposed resolution authorizing the Mayor and City Clerk to grant an easement to Southwestern Electric Power Company for a space in a parking lot near the new Federal Building site for the installation of a switching station to serve the downtown area. The easement would cover an area of approximately 16 feet by 20 feet. I N2 In answer to Director Utley's question, City Manager Grimes stated there would be no aerial lines leading to the switching station since all lines will be underground in the area where Urban Renewal has been approved. Director Purdy moved to adopt the resolution. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 51-72 appears on page 77 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed resolution levying the real and persond7lrpyoperty,-taxiwithin'tsthe City. Director Lancaster moved the resolution be adopted. Director McFerran seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 52-72 appears on page 78 and 79 of Ordinance and Resolution Book 3. Upon request of Mayor Starr, the City Attorney read a proposed resolution adopting the TOPICS (Traffic Operations Plan to Improve Capacity and Safety) Plan submitted by the Fayetteville TOPICS Study Committee. City Manager Grimes explained that the TOPICS Plan is the same plan that has been worked on for over a year. The North Street intersection improvements have been approved in the current program of the Arkansas State Highway Department so this project has been deleted from the TOPICS Plan. Director Purdy moved the resolution be adopted. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 53-72 appears on page 80 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed resolution authorizing a new lease agreement with Frontier Airlines. City Manager Grimes reported that the rate of rent and landing fees reflected in the new lease agreement is in line with rates charged by other communities for use of airport facilities. Director McFerran moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being 'Six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. S4-72 appears on page 81 of Ordinance and Resolution Book 3. 1 97 City Attorney Malone handed to the Board two possible ordinances for restricting thru-trucks to numbered highways. He explained that the present ordinance governing truck traffic states that trucks may not travel on certain streets. Either of the two possible ordinances presented would restrict thru-truck traffic to numbered highways. City Manager Grimes stated that the idea was to get something that could be posted on signs at the City limits to encourage trucks to take numbered highways through town. Mayor Starr commented that he did not think a new truck traffic ordinance could or would be enforced. lie said the present ordinance would keep trucks out of residential zones if it were enforced. The City Manager recommended that this item be placed on the agenda for the next meeting to allow Board members a chance to read the possible ordinances. Director McFerran presented the recommendations of the Nominating Committee for members to serve on the Citizen Participation Committee. The following nominations were made: Lewis P. Johnson, Highway 62 West, representative from Ward 1; Joe Upchurch, 124 West Prospect, representative from Ward 2; Gerald T. Hudson, 860 Pembroke Road, representative from Ward 3; Mrs. A. J. Marti, Janice Street, repre- sentative from Ward 4; and Mrs. Charles Johnson, 405 North Sang, representative from youth. Director McFerran moved the Nominating Committee's recommendations be approved. Director Orton seconded the motion. Upon roll call the motion passed unanimously. Administrative Assistant Sturman Mackey presented bid tabulations for Old Wire Road and Zion Road water lines and Happy Hollow area sewer lines. Attached to the agenda were Administrative Memorandums No. 246 and 247 containing recommendations that bids be awarded to the low bidder for each project. Director Purdy moved the City Manager's recommendation be accepted. Director Lancaster seconded the motion. Upon roll call the motion passed unanimously. City Manager Grimes reported that the owners of property on Sycamore Street had agreed to build a street along their property if the City would build a bridge and railroad crossing. Mr. Grimes recommended that the City indicate to the developers that the City will build the bridge and the railroad crossing if the developers will build the street from the railroad to the other property line. It was the will of the Board to accept Mr. Grimes' recommendation. City Manager Grimes asked the Board's opinion on whether or not City employees would be given a day off on Friday, November 24. It was the will of the Board to accept the wishes of the City Manager concerning the matter. 0 upon request of the Mayor, the City Attorney read a proposed resolution authorizing the execution of a request for permit for entry upon the right of way of the St. Louis -San Francisco Railway Company. City Attorney Malone explained that the Arkansas State Highway Department wants to attach to a Frisco power pole to install their beacon lights. Director Orton moved the resolution be adopted. Director Purdy seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None. There being six "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 55-72 appears on page 82 of Ordinance and Resolution Book 3. ' There being no further business, Director Lancaster moved the meeting be adjourned. Director Utley seconded the motion which passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: City Clerk EE C