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HomeMy WebLinkAbout1973-01-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS JANUARY 2, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, January 2, 1973 in the Directors Room of the City Administration Building at 7!30 P,M. I Present: City Manager Donald L. Grimes, Administrative Assistant and Acting City Clerk Sturman Mackey, Administrative Aide David McWethy, City Attorney David Malone, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. New Board members present who were sworn in immediately after the approval of minutes of the last meeting and special meeting and who replaced the three out -going Board members, were Noland, Murray and Carlson, Directors Absent: None, Others Present: Representatives of the press, Administrative Assistant Sturman Mackey was appointed Acting City Clerk in the absence of Helen Young, City Clerk, Mayor Joe Fred Starr called the meeting to order, Minutes of the December 19, 1972 meeting had been distributed to the Board members prior to the meeting. Minutes of the December 28, 1972 special meeting were distributed to the Board members at the meeting and the Board members read those minutes. City Manager Grimes noted an error on page 120, paragraph 2, line 7. The word "state" was stricken and the word "Federal" was inserted. The minutes were corrected to read, It . . . and that Federal law prohibits the City's figuring a 5.5% salary increase on state monies used for salaries." The minutes of both meetings were then approved, New Board members, Dr. Paul R. Noland, Dr. William Murray, and Mrs. T. C. Carlson, Jr. were asked to come forward by Mayor Starr, Judge Richard Wells presided at the swearing-in ceremony, Also taking the oath of office was Director re-elect Mrs. Marion Orton, The City Attorney suggested that the first item of business was to select a temporary chairman to preside over the election of a Mayor. Director Stanton moved that Director Utley be chairman. Director Murray seconded the motion. Upon roll call the motion passed with a vote of six "Ayes" and no "Nays". Director Utley abstained from voting, Director Orton nominated Russell Purdy for Mayor, Motion was seconded by Director Noland. Director Stanton moved nominations cease. Director Murray seconded the motion. Director Carlson discussed using a different method of balloting other than roll call vote. She proposed a secret ballot by which all Directors' names would be listed so that each Director could circle the name he preferred. She felt this would give each Board member a freer choice in voting and would prevent hurt feelings. Director Carlson then moved that the Board cast ballots in the manner outlined, thus changing the procedure for electing the Mayor. 122 The City Attorney gave his opinion that a "secret" paper ballot would violate the Freedom of Information Act, He said he felt any vote taken which does not become a matter of public record where each member is'allowed to vote publicly would not be proper. After further discussion, Director Carlson's motion was accepted and secorided by Director Orton. The City Attorney repeated that it was his own personal opinion that the vote should be cast in a public manner. Upon roll call the following vote was recorded: "Ayes" Carlson. "Nays" Noland, Utley, Murray and Stanton. Directors Orton and Purdy abstained from voting. The motion did not pass, Director Stanton's motion to close the nomination which had been seconded by Director Murray was voted upon, The following roll call vote was recorded: "Ayes" Orton, Noland, Utley, Murray and Stanton. "Nays" None. Directors Purdy and Carlson abstained from voting. Chairman Utley declared the motion passed, Director Orton's motion to nominate Director Purdy for Mayor, which had been seconded by Director Noland, was then before the Board, Upon roll call the following vote was recorded: "Ayes" Orton, Nola',nd, Utley, Murray, Carlson and Stanton. "Nays" None. Director Purdy abstained from voting. Director PtIrdy was declared Mayor and was asked to preside, Mayor Purdy asked for nominations for Assistant Mayor. Director Noland nominated Director Marion Orton for this position. Motion was seconded by Director Carlson. Director Utley moved the nominations cease. Director Carlson seconded the motion. Upon roll call the Board voted unanimously that nominations cease. The Board then voted upon the motion which was on the floor. The following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. Director Orton abstained from voting. Mayor Purdy declared that Director Orton shall be Assistant Mayor, Upon request of Mayor Purdy, City Attorney Malone read a proposed Ordinance to rezone a 1.05 acre tract of land located on the south side of Sunrise Mouf1tain Road from A-1. Agricultural District, to R-1, Low Density Residential District. PetiVioner was Glenn Will, Director Utley moved the rules be suspended and the Ordinance be placed on second reading. Motion was sleconded by Director Stanton and upon roll call, motion passed unanimously. The City Attorney read the Ordinance a second time. Director Stanton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Noland seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a third time. The Mayor asked, "Shall the Ordinance pass?" 123 Upon roll call the following vote was recordedp "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1896 appears on page 136 of Ordinance and Resolution Book 3. The City Attorney presented his report regarding screening of drive-in movie theatres showing X�rated movies. He had talked with the owner of the 62 Drive -In who said the theatre was closed for the winter now. The City Attorney stated that this removed some of the urgency from this action and proposed that he send to the Board for their consideration three "sample" ordinances. He further suggested that this be brought up at the next regular Board meeting, The City Attorney was requested to read a proposed Resolution which would authorize the application for a Federal Aviation Administration grant for airport security fencing and fire and rescue equipment for Drake Field, Director Stanton moved the resolution to authorize application to FAA for grant be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton, "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the resolution passed. *Resolution No, 1-73 appears on page 93 of Ordinance and Resolution Book 3. The Mayor asked the City Attorney to read a proposed Resolution setting forth the relationship between the Board of Directors and the City Manager. A long discussion resulted regarding the various relationships of the Board, City personnel, and the City Manager, Director Stanton moved the resolution be adopted, Director Carlson seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Mays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted, *Resolution No, 2-73 appears on page 94, 9S and 96 of Ordinance and Resolution Book 3. The City Attorney was requested to read a proposed Resolution authorizing the Mayor and City Clerk to execute an amendment to the Airport Agreement with Fayetteville Flying Service (assigned to Scheduled Skyways, Inc. on October 3. 1972). This amendment provides for amortization of costs involved in altering the Drake Field terminal building to provide counter space for Scheduled Skyways. Director Carlson moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None, 124 There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted. *Resolution No, 3-73 appears on page 97 of Ordinance and Resolution Book 3. The next item of business concerned a Resolution authorizing the Mayor and City Clerk to execute a lease agreement between the City and Tyson's Foods. Several Directors expressed an interest in reviewing the proposed lease agreement and the City Attorney offered to distribute copies to the Board members during the coming week, It was the consensus of the Board that this matter should be tabled until the next meeting of the Board to allow further study, The City Attorney was requested by the Mayor to read a proposed Resolution expressing the City's position on a proposed legislative allocation of monies for cities and counties. Director Stanton moved this Resolution be adopted. Director Utley seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton, "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Resolfition adopted, *Resolution No. 4�73 appears on page 9 3of Ordinance and Resolution Book 3, Mayor Purdy requested the City Attorney to read a proposed Resolution which would authorize the Mayor and City Clerk to execute a lease agreement with the Chamber of Commerce for the parking lot in the rear of 117 and 123 West Mountain Street. Director Carlson moved the Board table this question until further study could be done to determine the feasibility of employees parking in one of the down� town parking lots, Director Stanton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Noland, Murray, Carlson and Stanton. "Nays" Purdy and Utley. There being five "Ayes" and two "Nays" the motion carried, and the 4matter was tabled. Director Stanton moved the City Manager be authorized to negotiate with the Chamber of Commerce for 13 parking spaces monthly at the rate of $62,50 per month pending the results of the study. Director Carlson seconded the motion, Upon roll call the mot -ion passed unanimously. Director Orton gave the report of the Board Nominating Committee. The nominations are as follows: I Board of Adjustment James H. White Board of Housing Appeals Larry R, Smith Housing Appeal Board ,Chester House 125 Parks and Recreation Barbara Broyles Rodney Ryan Elizabeth Reagan David Lashley Community Appearance Committee Betty Smith Stanley Brown Charles Carnes Duane Goodwin John Marinoni Doris Milton Citizen Participation Committee Tetty 'McGetr:Lck Pollution Control Committee Richard L. Meyer Lyell Thompson Carl Osborn Lester Howick Director Orton moved the Board accept these nominations. Director Noland seconded the motion. Upon roll call the Board voted unanimously to accept the nominations. City Manager Grimes said the Board needed to authorize the Mayor to sign an acceptance of Federal Grant for Sewage Treatment Works under 33 U.S.C. 466. The City's project number for this is WPC-Ayk-329. Director Stanton moved that the Mayor be authorized to execute this acceptance on behalf of the City of Fayetteville. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson, and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 5"73 appears on page 99 of Ordinance and Resolution Book 3. City Manager Grimes presented an application to the Arkansas Commission on Crime and Law Enforcement for a drug control unit for the City of Fayetteville, The Cityts contribution to this would be in-kind, not monetary. Director Utley moved the City Manager and City Clerk be authorized to execute this application for a grant. Director Orton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney was requested by the Mayor to read a proposed Resolution to set a public hearing date on petition to vacate a portion of an unnamed street in Evin's Farm Subdivision. The public hearing date was fixed for January 16, 1973 at the regular meeting of the Board of Directors. Director Utley moved that a resolution setting a public hearing date on petition to vacate a portion of unnamed street in Evin's Farm Subdivision 126 for the next regular meeting of the Board be adopted. Director Carlson seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Resolution adopted. *Resolution No. 6�73 appears on page 100 of Ordinance and Resolution Book 3. Director Carlson asked if items of the nature of the above-mentioned public hearing setting could be made a routine matter of business which would not have to come before the Board, The'City Attorney agreed with her and suggested that such a matter might be made a responsibility of the City Clerk, Director Purdy suggested the following appointments to the Board Water and Sewer Committeet Directors Noland, Murray and Purdy. Upon roll call vote to approve the nominations the following vote was recordedi "Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton. "Nays" None. Director Carlson abstained from voting, There being no further business, Director Stanton moved to adjourn. Director Carlson seconded the motion which passed unanimously, whereupon Mayor Purdy declared the meeting adjourned. ATTEST; Acting City Clerk 127 APPROVED: Mayor -