Loading...
HomeMy WebLinkAbout1973-01-16 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS JANUARY 16, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, January 16, lb73 in the Directors Room of the City Administration Building at 7:30 P.M, Present: City Manager Donald L. Grimes; Purchasing, Personnel and Budget Officer Sturman Mackey; Administrative Aide David McWethy; City Attorney David Malone; City Clerk Helen Young and Directors Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. Directors Absent: None, Others Present: Representatives of the news media. Minutes of the January 2, 1973 meeting had been distributed to the Board members prior to the meeting. There being no corrections or additions to the minutes of the January 2, 1973 meeting, the minutes were approved as mailed. Director Utley moved that the minutes of the August 1. 1972 meeting, page 68 of Minute Book J. be amended to read "1972-73" rather than "1971-72" in reference to the Water and Sewer Budget. Director Noland seconded the motion. Upon roll call the motion passed unanimously. The next item on the agenda was consideration of a request by Director Carlson to reconsider 1973 budget items regarding the allocation of $25 for membership dues in the Downtown Merchants Association, $750 for membership in the Fayetteville Chamber of Commerce, and any unspecified sums for payment out of City funds for memberships of any City officials or employees in any private"interest club, group, or association. Director Carlson stated that she felt it inappropriate that the municipal government use public money to pay membership dues in any private -interest organization. Director Carlson emphasized that she did not discourage City officials or employees from belonging to any organization at their own expense. Director Orton recommended that the City establish some sort of policy in order to judge which organizations the City should join. She read some criteria she considered pertinent to establishing a policy regarding City memberships in organizations. City Manager Grimes stated that he had encouraged City employees to parti- cipate in civic organizations as a result of conversations he had with the City Board of Directors at the time he was employed as City Manager. The Board of Directors at that time had indicated that public relations of the City could be improved and had asked Mr. Grimes to work in that area, Mr. Grimes added that the objectives of the civic organizations are toward a better Fayetteville and are in the public interest. Director Utley moved that Items 4 A, B and C of the agenda be tabled and that the Mayor appoint a three-member committee to formulate a policy for the City Manager's use in determining the agencies and organizations to which the City will contribute in dues or memberships, Director Noland seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton. "Nays" Carlson. 128 The motion carried and Mayor Purdy named the following Directors to the committee: Utley, Carlson and Stanton. City Attorney Malone stated that he would like to meet with the committee to advise them on legal aspects of the policy, Item 5 of the agenda was consideration of a request by the City Manager to consider the National League of Cities membership dues increase, My, Grimes stated that perhaps this matter should be tabled along with the above items. Director Carlson stated that the membership dues increase is the result of Fayetteville's increased population and added that she feels the National League of Cities provides useful services for the City. Director Carlson moved that the extra expenditure of $250 for membership dues in the National League of Cities be authorized, Director Stanton seconded the motion. Mayor Purdy stated his,opposition to the principle of cities, counties and Federal agencies running to the government for more money. Mayor Purdy commented that the Board is voting on a policy here of whether or not to encourage this. Mayor Purdy stated that if the Board votes in favor of this it will be in the short term interest of the City of Fayetteville. Director Utley moved the matter be tabled until a decision has been made by the Board on the policy for the City's membership in organizations. Director Orton seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton. "Nays" Carlson. The motion carried. Upon request of the Mayor, the City Attorney read a proposed Ordinance to rezone property located at 2241 South School Avenue (Highway 71 South) from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District. The Planning Commission recommended approval of the petition which was presented by Gordon Houston. Director Stanton moved the rules be suspended and the Ordinance be placed on second reading. Director Carlson seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Orton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Utley 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, Noland, Utley, Murray, Carlson and Stanton, "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. .*Ordinance No. 1897 appears on pages 137 and 138 of Ordinance and Resoliftion Book 3, Upon request of Mayor Purdy, the City Attorney read a proposed Ordinance to rezone property located west of Razorback Road, north of Hotz Drive, east of Thomas Avenue and Oliver Avenue, and south of Cardwell Lane, from R-3, High Density Residential District, to R�l, Low Density Residential District. The Planning Commission recommended approval of the petition. A large group of residents in the area were present.at the meeting to support the rezoning. Roy Simpson who lives on Oliver Avenue acted as spokesman for 129 the proponents of the rezoning. Mr. Simpson commented that since the area is a hillside it is not appropriate for multiple housing. If multiple housing were built in the area another street would be needed to serve the housing, Mr, Simpson said, He added that multiple housing in the area would devalue the property, Other proponents of the rezoning commented that multiple housing would cause a traffic problem and thus would be a fire hazard, and that sewage, water and drainage are not suitable for multiple housing development in the area. Hartman Hotz who owns property north of the University of Arkansas campus asked that his property remain R�3 zoning, Director Orton noted that if Mr. Hotz's property remained as R�3 there would be a spot of R-3 surrounded by R-1. Director Carlson moved the rules be suspended and the Ordinance be placed on second reading, Director Orton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Crton moved the rules be further suspended and the Ordinance be placed on third and final reading, Director Carlson 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, Noland, Utley, Murray, Carlson and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1897 appears on pages 137 and 138 of Ordinance and Resolution Book 3. Upon request of Mayor Purdy, the City Attorney read a proposed Ordinance which would impose a $1.00 security fee on each passenger boarding at Drake Field, City Manager Grimes reported that the anticipated revenues are less than the anticipated expenses for the airport and that the City has been forced into substantial additional expense by the provisions of the new FAA security requirements. Director Carlson proposed the following changes to the proposed Ordinance: (1) That the last paragraph of the Ordinance be amended to state the Ordinance shall be in full force and effect immediately upon its passage. The City Attorney stated that 30 days was allowed to give the airlines a chance to set up a system for collecting the fee. (2) That the proposed Ordinance be flexible as to the amount of the fee and that the City Manager be authorized to de-escalate or escalate the amount of the fee within maximum and minimum figures set by the Ordinance. (3) That the Board consider arranging for the collection of the fee at a lower rate than that prescribed by the proposed Ordinance. Mrs. Carlson suggested that perhaps a turnstile would be feasibleor another coin operated method of collection, Director Stanton stated that he would be in favor of having the airlines collect the fee, keeping no percentage for their administrative costs and service charge, as a contribution to the safety of the airlines. Director Noland questioned whether charter flight passengers must go through a security check and if so he stated they should also be assessed the $1.00 fee. 130 A person in the audience asked whether young children would have to pay the fee. The City Attorney stated that Section 4 of the proposed Ordinance could be amended to specify that only paying passengers would be charged the fee. Don Enos, resident manager of Frontier Airlines, was present at the meeting to state his objections to the proposed Ordinance, Mr, Enos stated that the airlines is not staffed to collect the fee. The turnstile, idea, he said, has merit. However, he �commentled that there are charter operations out of the hangar area so more than one turnstile would be needed. The City Attorney stated that this Ordinance would not apply to charter flights, only scheduled certificated and non -certificated flights. Paul Jones, President of Scheduled Skyways, Inc,, stated that commuter airlines have been exempted from the security check requirement. Vernon Carlson, a representative of Frontier Airlines General Office, stated that Federal legislation will probably prohibit head taxes and place the responsibility for airline security back in the Federal government, Mr. Carlson pointed out that the proposed Ordinance is in violation of the lease agreement between the airlines and the City. He added that the proposed Ordinance would be difficult to enforce because the airlines cannot turn down a passenger who has a ticket and is safe to fly. He said the airlines would rather the City use a turnstile method of collecting the tax, but added that the City should wait to see what happens to the proposed Federal legislation before installing equipment for collecting the fee. Paul Jones also commented that he felt the Federal government woll-ld take on the responsibility for airport security. Directors Carlson and Utley commented that since extra security measures must be effective immediately, the fee to defray the cost of the extra security measures should also become effective immediately. City Attorney Malone stated that the fee could be raised so the revenue collected in nine months would equal what would have been collected in 12 months had the fee become effective immediately. Mrs, Peg Anderson who stated that she uses the airport frequently, commented that the Federal government is not in a position to grant funds and she does not feel the City should count on that, Vernon Carlson said the tax on all passenger tickets goes into a trust fund from Ohich the government support of the security measures might be paid. John Martensen, local travel agent, urged the City to allow more time to see what Federal legislation would provide before charging a head tax on passengers, Mr. Martensen felt the head tax would result in a poor image of the community for visitors to the City. John Jfjstis�, local travel agent, concurred with Mr. Martensen, saying that Fayetteville's being a forerunner in charging a head tax would penalize the City and ruin the City's image. In answer to Director Utley's question, City Manager Grimes reported that approximately 61 percent of the persons using the Fayetteville airport are local persons, Mr. Enos asked whether the security officers at the airport could collect the fee. Mr, Grimes stated that he did not feel that would be appropriate. Director Utley moved the matter be tabled until the February 20, 1973 Board meeting, Director Stanton seconded the motion. Upon roll call the motion passed unanimously, Director Orton asked for information regarding turnstiles before the matter is to be considered again. City Manager Grimes asked whether the City Manager and Mayor have authority to exert influence on legislators concerning this matter. It was the understanding of the Board that the City Manager and Mayor have the authority. 131 The City Attorney presented three possible Ordinances regarding drive-in theatres which show X-rated films. City Manager Grimes urged the Board to avoid establishing a "censorship" committee but rather adopt an Ordinance which might need some changes. I Director Noland moved the matter be tabled until the next regular meeting of the Board to allow time for the Board members to study the Ordinances. Director Murray seconded the motion, Upon roll call the motion passed unanimously, Upon request of the Mayor, the City Attorney read a proposed Ordinance entitled "AN ORDINANCE AMENDING SECTION 18-15 OF THE CODE OF ORDINANCES, FAYETTEVILLE, ARKANSAS; TO PROVIDE A PROCEDURE FOR CLOSING OF STREETS AND ALLEYS; AND FOR OTHER PURPOSES", The City Attorney explained that the proposed Ordinance would require the City Clerk to set a public hearing date and publish the notice of public hearing automatically and collect a fee of $40 to cover costs of publishing. The proposed Ordinance will also make the preparation of an Ordinance to close a street or alley the responsibility of the City Attorney. Director Noland 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 City Attorney read the Ordinance a second time. Director Orton moved the rules be further suspended and the Ordinance be placed on third and final reading, Director Utley seconded the motion. Upon roll call the motion passed unanimously. City Attorney Malone 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, Noland, Utley, Murray, Carlson and Stanton, "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No, 1898 appears on pages 139 and 140 of Ordinance and Resolution Book 3. The next item on the agenda was consideration of an Ordinance which would amend Section 10-28 of the City Code to expand residential sanitation service, Director Carlson stated that she felt the Sanitation Department should provide bulk pick-up of rubbish not placed in cans at the rate of 25 cents per minute. She pointed out that commercial establishments are provided this service and stated that she feels providing the service to residents would be a reasonable and businesslike expansion of the Sanitation Department. City Manager Grimes announced that the group conducting the management survey for the Sanitation Department has begun the survey and it will probably be completed in May. Mr. Grimes suggested that this matter be considered along with any changes indicated as a result of the study, Director Carlson stated that the revenue could be coming in while the study is being performed if an Ordinance were put into effect right away. The City Manager explained that additional manpower and equipment might be required to provide the service, In answer to Director Stanton's question, City Manager Grimes stated that the City would probably have to charge for the travel time to the residence at least one way, 132 Director Utley stated that he felt the Board should address the whole problem at the time the study is complete. Mayor Purdy concurred with Director Utley and stated that he is opposed to putting a llhalf�baked change" in an Ordinance when we might have something of a larger nature coming soon. Director Carlson moved the City Attorney be authorized to prepare an Ordinance to amend the City Code Section 10-28 to provide that residential service shall include bulk pick-up service at the rate of 25 cents per minute required per pick-up. There was no second to the motion. The next item on the agenda was consideration of a resolution directing the City Manager to negotiate a contract with the University of Arkansas as required by Section 10-46 of the City Code to permit the University to transport trash on the City streets, City Attorney Malone stated that almost any resolution drawn which would require the University of Arkansas to enter into a contract or require them to pay a fee to the City would be of questionable legality, Director Carlson stated that the University should abide by the same rules and regulations that others in the City ab6de by and that the Board should indicate to the City Manager that the Board wants him to approach the University regarding a contract. Joe Talley, Superintendent of the Physical Plant at the University, was present at the meeting. Mr, Talley stated that the University had paid a fee to the City at one time for the use of the City dump and incinerator, but that the University no longer pays a fee to the City since the City has ceased to provide a service for the University. Mr. Talley stated that the University has a contract with the landfill operators now, Mr, Talley added that the University operates trash trucks on a limited basis on City streets. He also pointed out that the University has asked sororities and fraternities to negotiate with the City to get their trash picked up by the City but the City was not interested. Director Noland commented that since the City has not seen fit to haul the University's trash maybe the University is a duly authorized agent of the City to take care of their own trash, being authorized by default. Director Carlson replied that an "authorization by default" was "no authorization" and moved that the City Manager be asked to negotiate with the University with regards to a contract 1*i;t-h:s( the University of Arkansas lforj�.hauddn i trash on City streets. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton and Carlson. "Nays" Purdy, Noland, Utley, Murray and Stanton. There being two "Ayes" and five "Nays" the motion did not pass. Agenda Item 8 B regarding contracts authorizing trash hauling by Baldwin, Standard Register, Campbell Soup, Kearney Electric and other such private haulers was withdrawn at the request of Director Carlson. City Manager Grimes presented Administrative Memorandum No. 250 regarding proposed amendment to personnel policies. The proposed amendment reads as follows: "From and after January 16, 1973, no person shall be appointed to a position of employment in the pay of the City, either full or part-time, who is related either by blood or marriage to the third degree of consanguinity or affinity to an individual in the employment of the City within the same department. The Pollution Control Division of the Water and Sewer Department shall be considered as a separate department from the Water and Sewer Department for purposes of interpreting this provision." 133 Director Noland moved that the personnel policies be amended according to the City Manager's recommendation, Director Stanton seconded the motion. Upon roll call the motion passed unanimously. The next item on the agenda was a resolution authorizing the Mayor and City Clerk to execute a lease agreement between the City and Tyson's Foods for a portion of Drake Field property for a private hangar. The proposed annual fee is $300, Several Board members commented that the proposed annual fee is too low. Director Carlson noted that it should be made more clear in Paragraph 16 that any construction will be at the cost of the lessee. City Manager Grimes suggested that the contract specify that the lessee may not install gasoline facilities on the leased property. Director Stanton moved that the City Manager be authorized to negotiate further with Tyson's Foods for a contract for the lease of property at Drake Field for a hangar building and a 50 -foot strip around the proposed hangar building for an annual fee of not less than $1,200, and further that the contract specify that the lessee may not install gasoline facilities on the leased property and that the lessee shall pay the cost of any construction such as sidewalks and other paving. Director Noland seconded the motion. Upon roll call the motion passed unanimously, City Attorney Malone read a proposed resolution regarding submission of assurances to the Secretary of the Treasury as regards Federal revenue sharing funds. Director Stanton moved the resolution be adopted, Director Carlson seconded the motion, Upon roll call the following vote was recordedp "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. fWays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted, *Resolution No. 7-73 appears on pages 102 and 103 of Ordinance and Resolution Book 31 Mayor Purdy declared the public hearing open to vacate a portion of an unnamed street abutting the south side of the south half of Lot 5. Evin's Farm, a subdivision of the City of Fayetteville, Arkansas, Petitioners were Thomas C, Comley and L, Grady Cowden. Sid Davis, attorney representing Mr. CQmley and Mr. Cowden was present at the meeting to answer'questions of the Board. There was some discussion as to why the portion which would extend the straight street is being closed and a curved street is being used, Mr, Davis explained that the street runs through an apartment complex and the purpose of the curved street is to slow traffic. Director Noland noted that the property at the west end of the street under discussion is owned by the University anyway so a through street might not be needed there. Mayor Purdy declared the public hearing closed and the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN UNNAMED STREET ABUTTING THE SOUTH SIDE OF THE SOUTH HALF OF LOT S. EVINIS FARM, A SUBDIVISION TO THE CITY OF FAYET7EVILLE, ARKANSAS." Director Utley moved the rules be suspended and the Ordinance be placed on second reading, Director Noland seconded the motion. Upon roll call the motion passed unanimously. 134 The City Attorney read the Ordinance a second time. Director Utley 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 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, Noland, Utley, Murray and Stanton. "Nays" Carlson. There being six "Ayes" and one "Nay" the Mayor declared the Ordinance passed. *Ordinance No, 1899 appears on pages 141, 142 and 143 of Ordinance and Resolution Book 3, Mayor Purdy requested that he be dropped from the Nominating Committee and that he be appointed to the Northwest Arkansas Regional Planning Commission to fill the unexpired term of former Director Ernest Lancaster, Director Carlson suggested that the City Manager make nominations for the Board's consideration as provided by state law. City Manager Grimes said he would prefer not to make nominations. Director Carlson moved that Mayor Purdy be appointed to the Northwest Arkansas Regional Planning Commission, Director Utley seconded the motion. Upon roll call the motion passed unanimously. There was no report from the Board Nominating Committee, City Manager Grimes presented bid tabulation for air conditioning and heating unit replacements for the City jail and recommended that the contract for furnishing and installing the replacement heating and cobling unit be awarded to the low bidder, Shelton Sales and Service, Inc. of Fayetteville, for the low bid price of $2,307, Director Carlson moved the City Manager's recommendation be accepted. Director Utley seconded the motion. Upon roll call the motion passed unanimously, City Manager Grimes announced that the Parks and Recreation Advisory Board recommended at their January 11, 1973 meeting that McClelland Engineers be employed to Put together an improvement and development plan for City parks. The engineering fee for services rendered will be 10 percent of the total project cost, City Attorney Malone read a proposed resolution authorizing the employment'of McClelland Engineers to design an improvement and development plan for City parks, to prepare the grant application for Federal matching funds, and to prepare grant estimates. Director Orton 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, "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resol�ltion adopted. *Resolution No, 843 appears on page 104 of Ordinance and Resolution Book 3. City Attorney Malone read a proposed resolution to authorize the condemnation of the following rights of way and easements: 1. Highway 45 East Water Line - Joe E. Cox and Alma Y. Cox 2, Old Wire Road Water Line - Hugh F, Dennett Leo L. and Nola R. Van Scyoc 135 3. Zion Road Water Line Robert L, Perkins and Barbara Lou Perkins Arthur H. and Betty Clark M. L. Griffith and Ruby H. Griffith Robert E, Burge and Laverna Marlene Burge J. 0. and Marie Parker 4, Happy Hollow Sewer Line - H & H Equipment Company Chester and Lenora Grigsby City Attorney Malone, in answer to Director Orton's question, stated that no persons or businesses will be displaced by the condemnations. Director Noland moved the resolution be adopted. Director Utley seconded the motion, Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton. "Nays" Carlson. There being six "Ayes" and one "Nay" the Mayor declared the resolution adopted, *Resolution No. 9-73 appears on page 10S of Ordinance and Resolution Book 3. Director Orton moved the City Board of Directors ask the Housing Authority to meet with them for a briefing session. Director Murray seconded the motion, Upon roll call the motion passed unanimously, There being no further business, Director Utley moved the meeting be adjourned, Director Noland seconded the motion which passed unanimously whereupon Mayor Purdy declared the meeting adjourned. AT"TEST! APPROVED: mayor V 136