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HomeMy WebLinkAbout1973-03-20 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS MARCH 20, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, March 20, 1973 at 7:30 P.M. in the Directors Room of the City Administration Building. 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 regular meeting of March 6, 1973 and the special adjourned session of March 13, 1973 had been distributed to the Board members prior to the meeting. City Manager Grimes requested that the minutes of the March 6, 1973 meeting be amended on page 165, paragraph 2, to read, "City Manager Grimes said that the extension of Garland south of Cato Springs Road looks logical." The minutes of the March 6, 1973 meeting were approved as amended. The minutes of the March 13, 1973 meeting were approved as distributed to the Board members. Board members discussed whether or not to further consider at this meeting a proposed ordinance governing the operation of taxicabs since the information had been available to the Board members for only a short time. Director Stanton moved the Board consider the proposed ordinance governing the operation of taxicabs at this meeting. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Murray and Stanton. "Nays" Noland, Utley and Carlson. There being four "Ayes" and three "Nays" the motion passed. Upon request of Mayor Purdy, the City Attorney read the proposed ordinance entitled, "AN ORDINANCE REGULATING AND LICENSING TAXICABS AND TAXICAB DRIVERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF." Director Carlson moved that Section 7 of the proposed ordinance be amended to reduce the amount to be charged for an annual license fee for each vehicle operated under a certificate of public convenience and necessity from $20.00 to $3.00. Director Stanton seconded the motion. Upon roll call the motion passed unanimoutly. City Manager Grimes, in answer to Director Carlson's question, explained that a taxicab company could register additional vehicles by paying an additional $3.00 fee, and that the number of vehicles would not be "frozen" when the certificate was issued. The Board members discussed at length the sections of the proposed ordinance regarding taxicab fares. Director Orton said that she is in favor of giving the taxicab companies a choice of whether to use taxi meters or zones for computing fares, but she added that she feels the rates should be comparable. Walter Niblock, attorney representing Fayetteville Transportation Company, pointed out that the start of the trip is the most expensive part and he felt the $.50 for the first zone was a reasonable charge. In response to Mayor Purdy's comments regarding the choice of meter or zone rates, City Attorney Malone explained that each certificate holder would operate his company on a meter or a zone basis company wide. 171 Director Stanton commented that it seems the zone rate might result in some misunderstandings since it would be difficult to figure the fare if one was not familiar with the zones. Director Noland agreed with Director Stanton that the meters would eliminate many misunderstandings. David McWethy, Administrative Aide, explained that if there were a question as to the fare under the zone rate, the lower of the two rates would apply. Mr. McWethy added that a problem with the meter rate would be that the driver would have a tendency to take the longer of two seemingly equal routes to the destination. John Warren, president of Fayetteville Transportation Company, said that either system will work. Mr. Warren said he could work with anyone in determining the zone for everyone by streets. Walter Niblock suggested that there be a flat charge from the airport to the area of the City. Ron Woodruff commented that the rates are maximum rates and there would be nothing to prevent a company from establishing lower rates for certain trips if they wanted to do so. Mr. Woodruff concurred with Mr. Niblock that the initial pick-up charge should be $.50. David McWethy explained that if the initial charge were $.50 some persons' taxicab fares would be increased by 50 percent. Mr. Niblock suggested that the first zone be enlarged for the benefit of the residents of the High Rise apartments. Mr. Niblock said that he still feels the cab companies would have to have $.50 for the initial pickup. City Manager Grimes suggested a $.35 initial charge and a $.60 minimum charge. Mr. Niblock recommended that Section 29.a. read as follows: "A child under six (6) years of age shall not be counted as,a passenger when accompanied by an adult." City Manager Grimes commented that he felt Section 32 of the proposed ordinance was in conflict with the recently adopted sign ordinance. Mr. Niblock said that a sign on the trunk of a taxicab vehicle is different from a sign along a roadway and that if taxicab vehicles were allowed to be used for advertising it would help make up some of the deficits of the taxicab companies. Advertising is amajor source of revenue for the taxicab companies, Mr. Niblock said. Mayor Purdy suggested that the City Manager, his staff and representatives of the taxicab companies take the matters of the rate schedules and advertising under advisement until the next regular meeting of the Board and that this proposed ordinance be left on first reading until that time. It was the will of the Board to leave the proposed ordinance on first reading. City Attorney Malone read the second time a proposed ordinance to vacate and abandon an alley located in Broad Acres Subdivision, due south of Garland Avenue at the dead end on Cato Springs Road (Highway 265 South). Petitioners were Earvel E. Fraley and Orval Carnes. Mr. Fraley stated that the Planning Administrator had sent letters to the owners of Lots 18, 19, 20, 21, 24, 25, and 26 of Broad Acres Subdivision asking them to notify her or be present at this meeting if they had any objections to the alley closing. City Manager Grimes reiterated that this alleyway is the logical place to extend Garland Avenue southward. Director Noland reported that the Planning Commission had authorized a study of the whole area at its March 20, 1973 meeting. 172 Mr. Fraley commented that if Garland Avenue were extended southward, would have to be built and that bridge would be expensive due to the necessary. Director Utley moved action on this petition be deferred pending the the study by the Planning Commission. Director Carlson seconded the Upon roll call the motion passed unanimously. a bridge great span results of motion. Mayor Purdy declared the public hearing open on a petition to vacate and abandon a north -south alley located adjacent to and along the west side of Lot 3, Evin's Farm plat. Petitioners were Mr. and Mrs. Zara Lee Thomas and Union Life Insurance Corporation. A. D. McAllister, representing Union Life Insurance Corporation, was present at the meeting to ask the Board to defer action on this petition and also on the petition to close the east -west alley to allow the petitioners in both cases to try to work out a satisfactory agreement. Walter Cox, representing Mr. and Mrs. Zara Lee Thomas, expressed his wish that the Board act on the matter of these petitions at this meeting. Several Directors voiced opposition to the closing of either the north -south or the east -west alley since the alleyways may be developed into streets at a later time. Mayor Purdy declared the public hearing closed. City Attorney Malone read the proposed ordinance to vacate the north -south alley in the Evin's Farm plat. Director Murray 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 proposed ordinance a second time. Director Murray 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 and the City Attorney read the proposed ordinance the third and final time. Mayor Purdy then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" None. "Nays" Orton, Purdy, Noland, Murray, Carlson and Stanton. Director Utley abstained from voting. There being no "Ayes" and six "Nays" the Ordinance did not pass Mayor Purdy declared the public hearing open on a petition to close and abandon an east -west alley located adjacent to and along the south side of Lot 4, Evin's Farm plat. Petitioners were Calvary Assemblies of God Church and Union Life Insurance Corporation. City Attorney Malone commented that there are two procedures for closing an alley: one procedure for alleyways which have not been used by the public for the last five years; and another procedure for alleyways which have been used during the last five years. Mr. Cox reported that the alleyway has been a private drive during the last five years and the Thomases who use the alleyway as a private drive grant permission to others to use it. Mr. Cox said the public has not used it during the years. Mr. McAllister contended that the petition for closing the alleyway should have been submitted using the procedure prescribed for alleyways which have been used during the last five years.by the public. City Attorney Malone advised Mr. McAllister that the petition for closing the east -west alley could be submitted under the procedure prescribed for alleys which 173 have been used by the public during the last five years. Under that procedure, Mr. Malone said, the petitioner must acquire written consent of the closing from adjoining and abutting property owners and present the matter before the Board of Directors. Several Directors voiced opposition to closing the alley under any pro- cedure since the Thomases object to the closing of the alley and the alley may be needed as a link between Leverett and Garland at a later time. Mayor Purdy declared the public hearing closed and the City Attorney read a proposed ordinance to vacate and abandon as east -west alley in Evin's Farm plat. Director Murray moved the rules be suspended and the ordinance be placed on second reading. Director Orton seconded the motion which passed unanimously. The City Attorney read the proposed ordinance a second time. Director Orton moved the rules be further suspended and the ordinance be placed on third and final reading. Director Murray seconded the motion which passed unanimously. The City Attorney read the proposed ordinance a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" None, "Nays" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. There being no "Ayes" and seven "Nays" the Ordinance did not pass. Director Stanton reported that the Board Nominating Committee recommended by majority the appointment of Sherman Morgan to the Housing Authority. Director Murray placed into nomination the name of Marvin Murphy for appointment to the Housing Authority. Director Stanton stressed that the nomination of Sherman Morgan was not merely an acceptance of the recommendation of the Housing Authority, but rather a nomination from a majority of the Board Nominating Committee. Upon roll call vote Sherman Morgan received the following votes: Orton, Purdy, Noland, Utley and Stanton. Marvin Murphy received the following votes: Murray and Carlson. Mayor Purdy announced the appointment of Sherman Morgan to the Housing Authority. Director Orton announced that it is the recommendation of the Board Nominating Committee that the Citizens Participation Committee be allowed to appoint additional members to their committee as they feel the need to do so. Director Utley moved the Citizens Participation Committee be structured so as to allow an unlimited number of members from an unlimited number of groups according to the needs of the committee as determined by its members. Director Orton seconded the motion. Upon roll call the motion passed unanimously. Upon Mayor Purdy's recommendation, Director Orton moved the Mayor be authorized to appoint three citizens, rather than one director and two citizens, to serve on an Airport Study Committee. Director Stanton seconded the motion which passed unanimously. Director Utley explained that he felt strongly that Board members should participate in the Airport Study Committee; however, he is agreeable to the appointment of three citizens of Fayetteville to the committee because the Board is overloaded at this time and because he feels the selections made by the Mayor will be representative of the community. 174 1 Mayor Purdy asked the Board's confirmation of the following appointments to the Airport Study Committee: William Sohl, Lester Howick, Thomas 0. Duncan. Upon roll call vote the appointments were unanimously confirmed. Upon request of Mayor Purdy, the City Attorney read a proposed ordinance amending the General Land Use Plan for property on both sides of Highway 62 West, from the Highway 71 Bypass to the Farmington/Fayetteville city limits. Larry Wood of the Northwest Arkansas Regional Planning Commission, was present at the meeting to answer questions. In answer to a question raised by Director Orton at the February 20, 1973 meeting, regarding parallel service roads, Mr. Wood recommended that the Board transmit back to the Planning Commission in some form that during the Planning Commission's considerations of the activities in the area the Board would desire that they try to establish east -west service roads to serve the backs of the properties. Mr. Wood explained that this matter could be considered during hearings on large scale development plans and plat reviews. In reply:to Director Stanton's question, Mr. Wood said there is room for expansion of the commercial zoning both east and west. Mr. Wood also recommended that the commercial zone on the north side of the highway be expanded over to Old Farmington Road in order to line up the commercial zones on both sides of the highway. Director Orton stated that she felt, "...we are making a big mistake to add to the accesses onto the highway..." Mrs, Orton added that she would not be able to vote for anything that calls for that much commercial along a busy highway like that. Mr. Wood said he did not believe that the area along the highway would develop residentially. Director Carlson commented that there is no real need for commercial establishments between Westgate Shopping Center and Farmington. Mr. Wood stated that he agreed with the point being made by Directors Orton and Carlson, but he added that the area is already committed to commercial uses Mr. Wood said that commercial establishments belong on a mayor street or highway and Highway 62 is an appropriate place for commercial. Mr. Wood went on to say, "I would have hoped to confine it closer to the Bypass but I don't think we can do it." Director Stanton saidlthe aiea along the highway is not really desirable for single family dwellings. A person in the audience asked if there would be room for a four -lane highway. Director Stanton answered that the right-of-way for the four -lane highway is already staked out. In answer to Director Utley's question, Mr. Wood verified that the proposed service road along the Highway 71 Bypass is proposed to be extended south of Highway 62 to connect with Root Avenue, an existing street south of Highway 62. Director Stanton 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 proposed ordinance a second time. Director Utley moved the rules be further suspended and the ordinance be placed on third and final reading. Director Stanton seconded the motion which passed unanimously. City Attorney Malone read the proposed ordinance a third time, after which Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray and Stanton. "Nays" Orton and Carlson. There being five "Ayes" and two "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1906 appears on page 153 of Ordinance and Resolution Book 3. 175 Upon request of the Mayor, City Attorney Malone read a proposed ordinance to rezone property located at the intersection of Highway 62 West and Old Farmington Road from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Director Orton asked whether access would be onto the highway or onto Old Farmington Road. Mr. Wood answered that that matter has not been determined officially because they have not submitted their large scale development plan. Mr. Wood added that he understood the petitioners, Gerald and Marie Cates, were trying to work out a joint access with the property owner to the west. Director Stanton moved the rules be suspended and the ordinance be placed on second reading. Director Murray seconded the motion. Upon roll call the motion passed unanimously. 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 Murray seconded the motion. Upon roll call the motion passed with six "Ayes" and one "Nay". 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 and Stanton. "Nays" Carlson. There being six "Ayes" and one "Nay" the Mayor declared the Ordinance passed. *Ordinance No, 1907 appears on page 154 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed ordinance accepting the street dedications contained in the large scale development plan of WestArk Real Estate and Development Company, for property located on the west side of the Highway 71 Bypass near the Washington County Fairgrounds. Donald Williams announced that the proposed use of the land is for a tractor implement agency. City Manager Grimes said that the developer understands that when the access roads along the Bypass are linked on each end the access points presently being used will be closed. Director Stanton moved the rules be suspended and the ordinance be placed on second reading. Director Utley seconded the motion which passed unanimously. 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 Murray seconded the motion which passed unanimously. The City Attorney read the proposed 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. 1908 appears on page 155 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed resolution authorizing the Mayor and City Clerk to execute a contract guaranteeing that the contractor/developer will install certain street improvements in the above-mentioned large scale development. Director Stanton 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, There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 25-73 appears on page 121 of Ordinance and Resolution Book 3. 176 1 Upon request of Mayor Purdy, the City Attorney read a proposed ordinance accepting the street dedications contained in the large scale development plan of Mrs. Roland Stubblefield for Meadow BZook Farm, located on Old Missouri Road. Mrs. Stubblefield, in answer to City Manager Grimes' question, said that the lots in the development will be provided with City water and sewer services. Director Murray 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 Noland 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 proposed 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. 1909 appears on page 156 of Ordinance and Resolution Book 3. Upon request of the Mayor, the City Attorney read a proposed resolution authorizing the Mayor and City Clerk to execute a contract guaranteeing that the contractor/ developer will install' certain street improvements in the above-mentioned large scale development. Director Utley moved the resolution be adopted. Director Murray 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. 26-73 appears on page 122 of Ordinance and Resolution Book 3. The next item on the agenda was further consideration of a proposed ordinance imposing a $1.00 security fee on each airline passenger boarding at Drake Field. City Manager Grimes recommended that this item be tabled until the April 17, 1973 Board meeting in view of correspondence received from Frontier Airlines and pending Federal legislation. Director Noland moved this matter be tabled until the meeting of April 17, 1973. Director Orton seconded the motion which passed unanimously. Attached to the agenda was Administrative Memorandum No. 254 and bid tabulation for annual contract on asphalt oil and asphalt emulshon oil. City Manager Grimes recommended that the contract be awarded to the low bidder on each item, National Oil and Supply Company of Springfield, Missouri. Director Stanton moved the City Manager's recommendation be accepted. Director Murray seconded the motion which passed unanimously. City Manager Grimes handed to the Board correspondence received from Fayetteville City Hospital and Geriatric Center which contained a statement of the projected needs of the hospital and geriatric center. The City Manager recommended that this statement be submitted as an addendum to the Community Development Statement in the "Urgent" category. Director Noland moved the statement of need received from Fayetteville City Hospital and Geriatric Center be submitted to the Department of Housing and Urban Development as an addendum to the Fayetteville/Springdale Community Development Statement in the "Urgent" category. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. 177 City Manager Grimes announced a meeting of the Housing Authority Board at 10:00 A.M. on March 21, 1973. Mayor Purdy appointed the following Directors to serve on a Board Street Committee, the duties of the committee to include consideration of rights- of-way, drainage, alleyways, and streets: Carlson, Orton, and Utley. The City Manager announced that he will call the first meeting of the committee. Director Carlson had requested consideration of the following items as amendments to the Planned Unit Development section of the Zoning Ordinance: 1. Amendment to provide that adjoining property owners be notified as to the date, time, and place for the public hearing on proposed Planned Unit Developments. 2. Amendment to cancel the provisions of Article 8, Section 12, Sub -section 3, of the Zoning Ordinance 1747, which provisions permit commercial activity in Planned Unit Developments having a certain number of dwelling units. City Attorney Malone advised that the above items should be sent to the Planning Commission for their consideration and their recommendation to the Board. The City Attorney stated that he would draft some proposed ordinances regarding these items to present to the Planning Commission. City Attorney Malone also announced that it would be possible but not probable for a Planned Unit Development to be submitted which would not have to come before the Board of Directors for approval. This situation would occur if the Planned Unit Development did not require action to accept street dedications or easements, to relocate easements'; or to reroute street dedications. The City Attorney advised that he could prepare a draft ordinance to provide that all Planned Unit Developments must be approved by the Board of Directors. This proposed ordinance could be presented to the Planning Commission for their consideration and recommendation also. There was some discussion regarding whether the Board should submit the requests for consideration to the Planning Commission. Mayor Purdy stated that he personally preferred that the requests be submitted to the Planning Commission as individual requests. There was no motion or action taken on the matter. There being no further business, Director Utley moved the meeting be adjourned. Director Stanton seconded the motion which passed unanimously, whereupon Mayor Purdy declared the meeting adjourned. ATTEST: dite/TV City Jerk 9 APPROVED: 178 Mayor