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Home My WebLink About1974-01-15 Minutes'1 I . MINUTES OF A REGULAR 'MEETING OF THE BOARD OF DIRECTORS • . JANUARY 15, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, January 15, 1974 in the Directors Room of the City Administration Building at 7:30 P.M. Present: Donald L. Grimes, City Manager; Sturman Mackey, Purchasing, Personnel, and Budget Officer; David ,Icl+'ethy, Administrative Assistant; Jim McCord, City Attorney; Helen Young, City Clerk; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. Directors Absent: None. Others Present: Representatives of the news media and members of the audience. Minutes of the December 1S, 1973 and the January 2, 1974 meetings had been distributed to the Board members prior to the meeting. Director Carlson requested an amendment to the minutes of the December 18, 1973 meeting on page 390, paragraph 2, to cause.a. statement to read: "Due to the action of the City in opening up duplexes throughout town, certain R-1 family dwellings have been lowered on the tax assessment base...." There being no further corrections, additions, or deletions, the minutes of the December 18, 1973 meeting were approved as amended. There being no corrections, additions, or deletions, the minutes of. the .. January 2, 1974 meeting were approved as distributed.' PUBLIC HEARING ON THE SUFFICIENCY OF A PETITION FOR REFERENDUM City Attorney McCord read his memorandum regarding the petition for referendum on Ordinances No. 1965 and No. 1956. The memorandum read as follows:- _ "On January 4, 1974, a petition for a referendum on Ordinance No. 1965 and No. 1966 was filed in the.ofice of the City Clerk. This memorandum has been prepared to explain to the Board of Directors the applicable law pertaining to this petition. "Arkansas law requires that a Petition for a Referendum on a local measure must contain a -minimum number of signatures equivalent to fifteen percent (15%) of the total votes case for the position on the Board of Directors which received the highest number of votes at the last general election. Amendment No. 7 to the Arkansas Constitution provides that the initial determination of the • sufficiency of a referendum petition on a local measure shall be determined by the City Clerk. That amendment also provides that if the City Clerk determines a referendum petition to be insufficient, he shall without delay . advise sporisdts of the petition of its insufficiency and allow them at least ten days in which to correct or amend the petition. The Arkansas Supreme Court has ruled, however, that sponsors of a petition which is filed without the required number of signatures are not entitled to the extension provided by Amendment No. 7. • '"Under Arkansas law, the petition in question is required to have one thousand fifty-seven (1,057) signatures. The City Clerk has determined that the petition contains approximately four hundred (407). She has advised sponsors of the petition that the petition is insufficient on its face. She further advised the sponsors of the petition that in -the opinion of the City Attorney the extension provided by Amendment No. 7 is not applicable in this case. See attached letters. "The petition in question comes before the Board of Directors because Section 2-20 of the Fayetteville Code of Ordinances provides that.a public hearing shall he held on any referendum petition. ''hat Section also provides that after he..ring all p:rsua ‘.;:o wish to be h. and on the question of whether a referendum petition is signed by the requisite nunber of petitioners, the Roa:J shall decide on the sufficiency of the petition, which decision shall be final unless suit is brought in the Chancery Court of Washington County within thirty (30) days. "On J.:nuary 3, 1974, the office of City Attorney ascertained from the Washington County Clerk that a total of seven thousand forty-five (7,045) votes :as cast for a position on the Board of Directors receiving the highest nu:,;ber of votes at the last general election. An erroneous figure was first given by the County Clerk, but a thorough investigation. revealed the error. Apparently, the erroneous figure (two thousand eighty-four) was also given sponsors of the petition. At any rate, Arkansas law requires that the petition in question contains one thousand fifty-seven (1,057) signatures. If the Board of Directors determines that the number of signatures on the petition is fewer than that required by law, it must rule that the petition is insufficient. If sponsors of the petition believe that they are entitled to additional timc in which to obtain more signatures, they should seek a judicial determination of that issue, It is the opinion of the City Attorney that the Board of Directors is without legal authority to irant such an extension." (City Attorney McCord noted an error in paragraph three of the memorandum. The figure quoted should be approximately 480.) Mayor Purdy declared the public hearing in session. ... Tom Lavender from the audience commented that due to the error in the instructions given the petitioners, and the fact that the time allowed the petitioners was during the holiday season, he felt that the circum- stances were good enough that the petitioners should be allowed an extension of time regardless of the technicalities of the law. There being no further comments, the Mayor declared the public hearing closed. .o. City Attorney McCord read a proposed resolution determining the sufficiency of a petition for referendum on Ordinances No. 1965 and No. 1966. Director Stanton moved the resolution be adopted. Director Murray seconded the motion. -.Upon roll call the following vote was recorded:. "Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton. . .. "Nays" None. Director Carlson abstained from voti There being six "Ayes" and no ':Nays" declared the resolution adopted. *Resolution No. 3-74 appears -on page • ng. and one abstaining vote, the Mayor 11 of Ordinance and Resolution Book IV.'- REZONING - FIELDS (NO APPEAL FILED) Item 4 on the agenda was skipped since no appeal was filed regarding the rezoning request made by Helen Mangum Fields. TANDEM LOT DEVELQPYENTS The Dir_ctors were handed co^nents from the Street Superintendent; Fire Chief, and the Sanitation Superintendent regarding this issue. City Manager Grimes announced that the City Engineer also has some comments to make which will be distributed to the Directors at a later time. Mr. Grimes suggested that this matter be tabled to a11ov the Directors an opportunity to review the comments of the Department Heads. Director Orton moved this matter be tabled until the next regular meeting of the Board. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. 6 1 1 • 'AMEND GENERAL LAND USE PLAN FOR HIGHWAY. 62 WEST PROPERTY City :Attorney McCord read a prbposed ordinance to amend the General Land Use Pian for Highway 62 West property, to include the provision for service roads for the area from Uanshew Road to the western city limits. Director Stanton moved that the rules be suspended. and the proposed ordinance be placed on second reading. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. .City Attorney ;McCord read the proposed ordinance the second time. . Director Murray moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Orton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read the proposed ordinance the third and final time. Larry Wood of the Northwest Arkansas Regional Planning Commission explained the proposed amendments to the General Land Use Plan. Mr. Wood said that by adopting an ordinance to amend the General'Land Use Plan, the Board would be approving the concept of the proposed amendments. There being no further discussion, Mayor Purdy 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. 1977 appears on page 63 of Ordinance and Resolution Book IV. REPORT FROM THE REGIONAL AIRPORT FEASIBILITY STUDY CO,L`SITTEE' Charles Oxford, Regional Airport Feasibility Study Committee Chairman, presented the report.of the committee. Charles Oxford said that the Regional Airport Feasibility Study Committee feels that an engineering study is essential before the committee can make a recommendation to the Board of Directors regarding a regional airport. The committee recommends that the Cities of Fayetteville and Springdale and the Northwest Arkansas Regional Planning Commission enter into a contract with the .consulting engineering firms of McGoodwin, Williams and Yates,.and McClelland Consulting Engineers, to have this study performed. Dale Christy said that proposals from five engineering firms were taken and the committee chose to award.the contract to the two local engineering.firms.• . REALLOCATING$1000 FROM AIRPORT ACCOUNT6590 TO 6551. City Attorney McCord read a proposed resolution to reallocate $1,000 from Airport Account 6590 (Capital Outlay) to Account 6551 (Professional Services). City Manager Grimes explained that -this budgetary transfer is to provide for additional regional airport study costs resulting from new FAA requirements-. that aircraft noise impact studies be conducted as part of the feasibility study. The total cost of the' feasibility study is $30,000, of which $6,000 may be used for public information purposes if deemed necessary. Of this $30,000 total, the Federal government will pay $20,000. Fayetteville and Springdale will each contribute 55,000. Airport Account 6551 has S4,000 of this amount allocated in the 1974 Budget. Director Carlson asked who the five bidders were for the study and what their bids were. Dale Christy replied that the five firms submitting proposals were: Burns and McDonald, Kansas City; Carter and Burgiss, Fort :Worth; Engineering Services, Springdale; Wilson and Company, Salina, Kansas; and McClelland Engineers and McGoodwin, Williams and Yates, Fayetteville. The estimates of • Cost for performing the study ranged from $7,000 to $90,000, Mr. Christy said. Director Carlson commented on the lack of mention of the intent to study the current and projected transportation in Northwest Arkansas. Mrs. Carlson also • 7 7 • • voiced opposition to the expenditure of $5,000 for furthering another study of airp rt facilities when numerous studies have been done before. Director Carlson added, "I detect a conflict of interest in this proposed award in that t:: proposal care from one person who is now the awardee of this contFact." . Director Orton moved the prorosed resolution he adopted. Director St,nton seeded the notion. Upon roil 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. 4-74 appears on page 12 of Ordinance $ Resolution Book IV. MEMORANDUM OF UNDERSTANDING AND CONTRACT FOR ENGINEERING SERVICES FOR REGIONAL AIRPORT STUDY UPDATE City Attorney :lcCord read a proposed resolution to approve a memorandum' of understanding between the Cities of Fayetteville and Springdale anJ the Northwest Arkansas Regional Planning Commission, and to approve the execution of the engineering services contract for the Regional Airport Study update. Director Stanton moved the proposed resolution be adopted. Director Noland 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..5-74 appears on page 13 of Ordinance and Resolution Book IV. JOINT APPLICATION WITH SPRINGDALE AND NWARPC FOR AN FAA AIRPORT MASTER PLANNING GRANT City Attorney McCord read a proposed resolution authorizing Fayetteville's participation in a Joint application with Springdale and the Northwest Arkansas Regional Planning Co^•nission for an FAA Master Planning Grant. Director Noland moved the proposed resolution be adopted. Director Orton 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. 6-74 appears on page 14 of Ordinance and Resolution Book IV. REPORT FROM CITY ATTORNEY REGARDING ACQUISITION OF PROPERTY AT CORNER OF TOV S IP AND GREGG _ . Former City Attorney Nalone stated the facts of the case of City of Fayetteville vs. Carney regarding the acquisition of property at the corner of Township Road and Greg Avenue needed for the straightening of Gregg Avenue. Mr. Malone recommended that the Board authorize the settlement of the case for the sum of $50,000. Director Stanton moved that the City Attorney be authorized to settle the case of City of Fayetteville vs. Carney and that the City Manager and the City Controller be authorized to expend the funds ($50,000) in settlement thereof. Director Carlson seconded the motion. • 8 • 1 Upon roll tall the following 1.ote was recorded. "Ayes" Orton, Purdy, Noland, Utley, Carlson and Stanton. Nays" None. Director Murray abstained from voting. There being six "Ayes" and no 'Nay..s" and one abstaining vote, the Mayor declared the motion passed. APPLICATION WITH FNVIRON.!ENTAL PROTECTION AGENCY.FOR A GRANT FOR SEWERAGE SYS:.;'.: aTUDIES Carl 'fazes, consulting engineer, was present at the meeting to explain the need for a study of the sewerage system and the process by which Federal . monies may be obtained for performing the study. Mr. Yates asked the Board to approve a resolution authorizing and directing the City Manager to file an .application with the' Environmental Protection Agency for a grant for sewerage system studies as the first step in the process. - City Attorney .1cCord read a proposed resolution to authorize and direct the City Manager to file an application with the Environmental Protection Agency for' a grant for sewerage system studies. Director Murray moved the proposed resolution be adopted. Director Orton 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. 7-74 appears on page 15 of Ordinance and Resolution Book IV. NOMINATING COMMITTEE REPORT Director Stanton presented the recommendaticns of the Nominating Committee as follows: 1. That Rita McRee be appointed to a six-year term on the Planning Commission to replace Christine Childress; 2. That John Power be appointed to a six year term on the Planning Commission to replace Marvin.Murphy, 3. That John Power resign his membership on the Parking Authority; 4. That David Newbern be appointed to a five-year term on the Board of Adjustment to replace Al Witte. 9i Director Carlson moved that a separate vote'be taken on approval of the Nominating Committee's recommendations, the Planning Commission nominations to be considered first. Director Orton seconded the motion. Upon roll call vote 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 motion passed. Director Stanton moved that a vote be taken on approval of the Nominating Committee's recommendations regarding appointment to the Board of Adjustment. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. ADJOURNMENT There being no further business, Director Stanton moved the meeting be adjourned. Director Utley seconded the motion which passed unanimously, whereupon Mayor Purdy declared the meeting adjourned. ATTEST: __.1,- APPROVED: City Clerk Mayor • • S. - •