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HomeMy WebLinkAbout1974-03-05 Minutes1 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS March 5, 1974 7:30 P.M. The regularly scheduled meeting of the Board of Directors of thed City of Fayetteville was called to order at 7:30 P.M. in the Board Room of the City of Fayetteville, Arkansas by Mayor Russell Purdy. The Board observed a moment of silence. Roll was called.' PRESENT: Directors Orton, Purdy, Noland, Utley, Murray, Carlson, and Stanton. OTHERS PRESENT: City Manager Grimes, City Attorney McCord, Administrative Aide McWethy, Purchasing Agent Mackey, representatives of the press, and Acting City Clerk Malone. Minutes of the previous meeting were not prepared in time for presentation to the Board. At the request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS CONTAINED IN THE LARGE SCALE DEVELOP- MENT OF P. J. TOBIN" for property located on Township Road between College Avenue and Gregg Avenue. Director Murray moved, seconded by Director Stanton, that the rules be suspended and the Ordinance be placed on second Deaditgr Upon roll call, the following wrote was recorded: "Aye" Orton, Purdy, Noland, Murray, Carlson, Stanton. "Nay" none. Motion passed unan- imously. The City Attorney read the proposed Ordinance for a second time. Director Stanton, seconded by Director Murray., moved that the rules be further suspended and that the Ordinance be placed on thiid and final reading. Upon roll call the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" none. Motion passed unanimously. The Mayor asked for discussion. There was no discussion. The Mayor asked, "Shall the Ordinance pass?" Upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton: "Nay" None. Having a vote of seven '.'Aye" and no "Nay", Mayor Purdy declared the Ordinance passed. *A copy of Ordinance No. 1988 may be found on Page 76 of Ordinance and Reso- lution Book IV. AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS CONTAINED IN THE 'LARGE SCALE DEVELOPMENT OF LEO THOMAS At the request of the Mayor, the City Attorney read a proposed Ordinance entitled, "AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS CONTAINED IN THE LARGE SCALE DE- VELOPMENT OF LEO THOMAS" for property located at 3228 Wedington Drive (Highway 16 West). Director Murray moved„ seconded by Director Noland, that the rules be suspended and the proposed Ordinance be placed on second reading. Upon roll call,. the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Caisson, Stanton. "Nay" None. Motion passed unanimously. Director Noland moved, seconded by Director Murray, that the rules be further suspended, and the proposed Ordinance be placed on second reading. Upon roll tail, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Mur- ray, Carlson, Stanton. "Nay" None. Motion passed unanimously. Director 27 Noland moved, seconded by Director Murray, that the rules be further sus- pended, and the proposed Ordinance be placed on third and final reading. The following vote was recorded, upon roll call: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion passed unanimously. The Mayor asked for discussion from the Board. Director Orton asked if the planned access road woiils be beyond this piece of property, and the access road will be beyond it. The dedication here is for the land along Highway 16 West. There was no discussion from anyone in the audience. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Stanton, "Nay" Carlson. There being six "Aye" and one "Nay" vote (6-1), Mayor Purdy declared the Ordinance passed. *Ordinance 1989 appears on page 77 of Ordinance and Resolution Book IV. ORDINANCE FOR LARGE SCALE DEVELOPMENT OF BUCKNER FRIENDSHIP BAPTIST CHURCH The City Attorney read a proposed Ordinance entitled, "AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS CONTAINED IN THE LARGE SCALE DEVELOPMENT OF BUCKNER FRIENDSHIP BAPTIST CHURCH", for property located at 2750 Wyman Road. Director Murray moved the rules be sus-. pended and the proposed Ordinance be placed on second reading. Director Utley seconded the motion, and upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion passed unanimously. Ordinance was read for a second time. Director Stanton moved, seconded by Director Murray, that the proposed Ordinance be placed on third and final reading. Upon roll call, the following vote was recorded: "Aye! Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion passed unanimously. Proposed Ordinance was read for a third time. Discussion followed. Ronald Godfrey, 2575 West 6th Street, Fayetteville, served as spokesman for the church group. He said the Church group was willing to dedicate and addi- tional five feet of right-of-way for an agreement from the City that it would save, repair, or replace the existing rock wall around the corner of East Wyman Road and Stonebridge Road edge of the church property when city construc- tion work is done. Thi Board discussed this proposal and found it reasonable and acceptable Director Stanton moved the proposed Ordinance to Accept and Confirm the Dedication of Street Right -of -Way and/or Utility Easements Contained in the Large Scale Development of Buckner Friendship Baptist Church be amended to read that the City accept an additional five feet of right-of-way from the Buckner Friendship Baptist Church for street right-of-way and/or utility ease- ments. Motion was seconded by Director Carlson. Upon roll call vote the follow- ing vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion to amend the proposed Ordinance passed unanimously. Mayor Purdy asked, "Shall the proposed Ordinance, as amended, pass?" Upon roll call the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carl- son, Stanton. "Nay" None. Mayor Purdy declared the Ordinance passed. *Ordinance No. 1990 appears on page 78 of Ordinance and Resolution Book IV. ORDINANCE FOR DEDICATION OF BASSETT, HAYS, GLOBINS AND GIESE The City Attorney read a proposed Ordinance entitled, "AN ORDINANCE ACCEPTING AND CONFIRMING THE DEDICATION OF STREET RIGHT-OF-WAY AND/OR UTILITY EASEMENTS CONTAINED IN THE WAIVER OF PRELIMINARY AND FINAL PLAT REQUIREMENTS OF BASSETT, MAYS, GLOBIS AND GIESE" for property located approximately 1/4 mile East of the intersection of Zion Road and Old Missouri Road. Director Murray moved, seconded by Director Stanton, that the rules be suspended and the proposed Ordinance be placed on second reading. Upon roll call, the following vote was recorded. "AyU" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion passed unanimously. Proposed Ordinance was read for a second time. Director Noland moved, seconded by Director Murray that the rules be further 28 1 1 suspended, and the proposed Ordinance be placed on third and final reading. Upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion passed unanimously Ordinance was read for a third time. The City Manager said we presently have 40' of right- of-way to have 60' total right-ofwway. This has been,designated a collector street.Director Carlson noted that under our present Ordinance, Mr. Bassett cannottsell anymore "pieces'! off of the land he owns because the tract has been cut three times, which is the limit. In the future, the subdivision requirements will have to be fulfilled. Mr. John Globis was present at this meeting and re- quested that his property be excluded from this dedication of street right-of- way. After lengthy discussion, Director Stanton moved, seconded by Director Murrgy, that the property of Mr. John A. Globis, be excluded from the other property being discussed with regard to dedication of street right-of-way and/or utility easements. Upon roll call vote the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. Motion to amend the proposed Ordinance passed unanimously. Mayor Purdy asked, "Shall the proposed Ordinance, as amended, pass?" Upon roll call the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. The Mayor declared the Ordinance passed. *Ordinance No. 1992 appears on page 82 of Ordinance and Resolution Book IV. PROPOSAL FOR SELLING CITY -OWNED PROPERTY The City Manager presented a proposal for selling three parcels of city -owned property. The parcels are as follows: 1. Parcel #1, near Johnson. 2. Parcel #2, 332 North Fletcher. #3. Parcel #7, 115 Oklahoma Way. Director Murray moved that the Board of Directors approve the City Manager's recommendation and sell city property parcels 1, 2 and 7. Director Stanton seconded the motion. Upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. CONTRACT WITH C L LAND COMPANY, INC. The next item of business on the Agenda was consideration of a resolution which would authorize the Mayor and City Clerk to execute a contract with G $ L Land Company, Inc. which would allow it to use the privately -owned sanitary landfill located on Highway 265 South. Board discussion was initiated,by Director Orton who .asked about the rates and maintenance of the road and what penalty if the riad was bit naubtaubed, i be history of .the rate schedule was reviewed. It had been determined that the rates for.people outside the city should be up to C F, L Land Company,. Inc. According tb Mr. Goff, who was present at this meeting (representing the C $-L Land Company, Inc.) a former City Manager had asked that the rates be put into the contract. This was meant for protection to the City by preventing C $ L from undercutting the city on rates. With regard to road maintenance, City Manager said a pit 'would be opened on a good road for those people driving automobiles to the landfill,area. Otherwise, it is inevitable that the main roads into the main landfill area will be rutted in wet weather. The problem of litter along the road to the landfill.area which causes public criti- cism was discussed. The City Manager said that in his discussion with Mr. .Goff, an agreement had been made that twice a month the,City and C F, L would clean up the area along the road from the by-pass to the landfill. Mr. T. C. Carlson said it is the city's responsibility to provide free dumpling to the citizens for large items as refrigerators, etc. Director Stanton moved that the resolution authoriz- ing the Mayor and City Clerk to execute a contract with C $ L Land Company, Inc. be adopted. Director Murray seconded the motion and upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Stanton. "Nay" Carlson. The vote being 6-1 in favor, Mayor Purdy declardd the motion passed. *Resolution 13-74 appears on Page 21 of Ordinance and Resolution Book IV. 29 Director Carlson said she wanted the City Manager to pick out a garbage disposal area so the city can conform to its own ordinance and have a place for citizens to take things they can't take to the C F, L Landfill and dump for free. PROPOSAL FOR LIGHTS IN AREA OF STEARNS ROAD, SHEPHERD ROAD AND ZION ROAD The City Manager presented for the Board's consideration a proposal for the in- stallation of 24 street lights in the area of Stearns Road, Shepherd Land and Zion Road at a cost of $6,805.74 with an additional increase of $108.00 per month for these 24 lights. Director Utley moved, seconded by Director Murray that a Resolution authorizing the City Manager to proceed to finalize plans with Southwestern Electric Power Company for installation of 24 streetlight in the area of Stearns Road, Shepherd Lane and Zion Road be adopted. Motion was sec- onded by Director Murray and upon roll call the follwwing vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. The Mayor declared the Resolution adopted. *Resolution No. 15-74 appears on Page 23 of Ordinance and Resolution Book IV. LEASING OF INDUSTRIAL PARK LAND TO ABILITIES UNLIMITED The next item of Board business was to donsider a request by the Industrial Park Committee to allow Abilities Unlimited of Northwest Arkansas to lease two acres of Industrial Park land (immediately West of & $ P Electroplating). After brief discussion, Director Orton moved that the Board approve this request for leasing of two acres of Industrial Park land to Abilities, Unlimited. Director Murray seconded the motion. Upon roll call, the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton, "Nay" None. The Mayor declared the motion passed. REQUEST OF ERVAN WIMBERLEY FOR USE OF SEPTIC TANKS IN PROFESSIONAL PLAZA The next item on the Agenda was a request by F. Ervan Wimberley of McClelland Engineering Consultants for Board approval regarding the use of septic tanks in the proposed Professional Plaza subdiviemen north of Zion Road. Also present to talk to the Board about this item was Mr. Jim Blair. Mr. Wimberley and Mr. Blair assured the Board that the perk tests had met all standards and there would be no danger of pmllution to Lake Fayetteville, Ms. Ramona Mize, speaking for Dr. R. L. Myer of the University of Arkansas, Department of Botany, presented an opposing view. Director Orton felt this matter should be referred to the Ptllution Control Committee for further study. Mr. Blair asked if the Board would be bound by the Pollution Control Commission. Mayor Purdy said the Board will pay attention to what the Pollution Control Committee says. In summary, other suggestions included looking into the possibility of an improve- ment district for sewer line, checking with the City of Springdale to see if they could connect onto the Springdale sewer system and Mr. Blair asked to have the matter tabled. After further discussion, including a brief outline of steps necessary to form an improvement district, Director Utley moved that this matter be tabled until the first Board meeting in April, allowing time for these dif- ferent alternatives to be explored. Director Noland seconded the motion. Upon roll call vote the following was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. PROPOSED ORDINANCE UP -DATING PRESENT ORDINANCE PERTAINING TO CITY ATTORNEY POSITION The City Attorney, Jim McCord, read a proposed Ordinance which would up -date the present Ordinance pertaining to the City Attorney position. Director Murray moved 30 1 that the rules be suspended and that the proposed Ordinance be placed on second reading. Director Stanton seconded the motion and upon roll call the following vote was re- corded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. The Ordinance was read for a second time. Director Murray moved that the rules be further suspended and that the proposed Ordinance be placed on thitd and final reading. Motion was seconded by Director Orton and upon roll call the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton. "Nay" None. The proposed Ordinance was read for a third time. Director Carlson said she saw no reason to pay extra for certain kinds of takks performed by the City Attorney, including such things as lawsuits. City Attorney McCord said that at the present time the going rate for trying court cases is $30.00/hour. He said the City Attorney is going to have to do all the work eventually. It becomes an extra workload. It was generally agreed that perhaps the matter of over -time pay could be handled by contract The Mayor asked, "Shall the Ordinance pass?" Upon roll call the following vote was recorded. "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton-. "Nay" None. The vote being 790 in favor, the Mayor declared the Ordinance adopted. *Ordinance No. 1991 appears on Pages 799.81b3;jof Ordinance and Resolution Book IV. FARMERS' MARKET The City Manager presented for Board consideration the request from the Farmers' Market group that they be allowed to park their vehicles, from which they would sell their produce and homemade goods, on the inner parking area. of the down- town Fayetteville Square. The Downtown Fayetteville group had suggested the parking lot behind Lewis Brothers but this did not meet with the Farmers' Market representatives approval. Mr. Grimes said he had met with the appropriate officials and it was agreed that the traffic problem could be handled. The trucks would have to back into the parking stalls, would have to furnish trash receptacles, and would have to clean up afterward. Director Utley said some people were voicing dissent at the City of Fayetteville's providing a free place of business for these people. Director Orton offered the thought that these people would be selling homegrown or homemade items. Also, the farmers' market idea could draw more pebple into the downtown stores. Director Stanton emphasized the fact that they would not want to have commercial vendors coming in. Director Carlson said she went to every merchant on the Square and asked them if they approved the Urban Renewal plan to provide sunken gardens in the middle of the Square and 100% of the businessmen said "no". Two bankers said "yes". One hundred percent said they would like penny parking meters. They also would like to see more small shops, etc. to attract shoppers. Director Noland moved that'the City Manager be authorized to finalize negotiations for a site location for the Farmers' Market and to formulate condi- tions upon which it would operate and further, that the City Manager bring the pro- posed contract to the Board for its approval. Director Murray seconded the motion. Upon roll call the following vote was.recbrdedt "Aye" Orton, Purdy, Noland, Utley, Murray, Carlson, Stanton.. "Nay" None. Motion passed unanimously. RESOLUTION AUTHORIZING ACCEPTANCE OF FEDERAL AVIATION GRANT FOR FENCING DRAKE FIELD AND FOR FIRE EQUIPMENT FOR SAME The CityAttorney read a proposed resolution authorizing the acceptance of anFederal Aviation Grant for participation in fencing for the Fayetteville Drake Field and for Fire Equipment for same. Diiector Noland moved, seconded by Director Orton that the resolution be adopted. Upon roll call the following'vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray., Stanton."Nay" Carlson. There being a vote of 6-1, Mayor Purdy declared the resolution adopted. *Resolution No. 14-74 may be found on Page 22 of. Ordinance and Resolution Book IV. 31 CHAIN LINK FENCING BID City Manager Grimes presented a bid tabulation for chain link fencing for Drake Field. He recommended that the bid be awarded to United Fence of Spring- dale, Arkansas. This was low bid at a cost of $19,999.40. (A copy of the bid tabulation is attached to these minutes and made a part hereof.) Director Utley moved, seconded by Director Murray that the City Manager and City Clerk be authorized to execute a contract with United Fence for this proposed fencing. Upon roll call the following vote was recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Stanton, "Nay" Carlson. With a vote of 6-1 in favor, Mayor Purdy declared the motion passed. Mr. T. C. Carlson questioned the other three sides of the airport being protected only by barbed wire. BOND SALE City Attorney McCord reported that recent developments involving the bond issue have caused problems and that the sale of the bonds is being held up. Mr. Her- schel Friday will not render an opinion due to the present status of the lawsuit and without such opinion there will be no buyer for the bonds. It is now ap- parent that a bond opinion cannot be rendered until the lawsuit is resolved. The City Attorney said it was imperative that this suit come to trial as soon as possi- ble, but that with his day-to-day responsibilities as City Attorney and Mr. Malone's other obligations, it would be six months before they could be properly ready for trial. Therefore he recommended that the law firm of Putman, Davis and Bassett be retained so that this lawsuit can be brought to trial within 60 days. Director Murray moved, seconded by Director Orton that the City Attorney's recommendations be followed and that the law firm of Putman, Davis and Bassett be retained to immediately begin to prepare for trial. Director Carlson said that as she reads the conditions of the Housing and Urban Development, which they have levied on the City for obtaining a HUD grant, the City will not be able to meet its conditions before that time anyway. She said the fact that there is some litigation which needs to be settled is not what is going to protract the HUD grant. City Attorney McCord explained what action had been taken in the last few weeks and days to try and resolve the problems. He said that he and Mr. Malone had tried to seek a compromise with attorneys for the plaintiffs. When attorneys for plaintiffs did send their written proposal, it was forwarded to Herschel Friday. On March 4, Mr. Friday said he would not be able to render an opinion at that time. Then Director Carlson asked that her following comments be included in the minutes of this meeting: "I would like to ask each Director if they are cognizant of and familiar with the HUD grant agreement of May, 1972?" The City Manager asked Director Carlson if she was speaking as a Director, or as a person who has an interest in a lawsuit pending against the City. He said if she was trying to build her case, this was out of order. Director Carlson accused the rest of the Board of being uninformed about City matters. Director Orton asked Director Carlson what point she was trying to make, in an effort to get back to the original discussion. Director Carlson said since 1972 the City has known about several certain things we must accomplish in order to comply with conditions under which HUD money comes to the City. She said the City has just started accomplishing some of them. Director Utley then quite specifically expressed his feeling about being told, as a mem- ber of the Board, that he was uninformed, irresponsible, not carrying out the will of the people. He said Director Carlson is entitled to her opinion, but the vote of the Board has indicated again and again that they do not agree with her opinion. Mayor Purdy felt that some of them might be called into court as wit- nesses for the case pending and he dod not want, therefore, to answer her questions. Mr. T. C. Carlson asked if all the Directors were acquainted with the compromise 32 1 1 proposal submitted by their attorney. This opened a discussion with regard to the intent of the plaintiffs' proposal and alternate proposal. City Manager Grimes said they had been told in the proposal that they (the plaintiffs) didn't want the material to be used for propaganda purposes: Director Utley noted that the City had been asked NOT to release to the news media the proposal, but now MS Carlson was proposing to release the proposal to the newspapers if the City did not. At this point, the City Attorney read out lowd for the benefit of the Board, the press representatives and the audience, the proposal and alternate proposal which had been sent to the City by plaintiffs in the lawsuit. This proposal and alternate proposal now follow, unaltered and in full, in order that there will be no question in future time as to the accuracy of this proceeding. "Proposal: An/Immediate Trial (within 60 days) • Alternate 'Proposal: PlairitiffS tb abandon all portions of complaint concerning water and sewer issues, provided the City: 1) Within 30 days, submits to a vote of the people the question of whether or not the public desires the capital expense called for in the Ordinance providing for the sale of "Inside" Bonds. • 2) Agrees to a consent order holding that the "Outside" Bonds be declared unconstitutional. 3) Immediately executes an agreement with the White RiverWater District in which the City grants its consent for the distfict to furnish water outside the City limits and in which the City agrees to sell the distfict water from Beaver Lake at the same price Springdale now sells water to the district. 4) Advertises to citizens of its growth area, the facts of how water and sewer improvement districts can be formed to supply those people with water. 5) Agrees to a consent order enjoining the City from using water and sewer revenues for any purpose other than water and sewer development in the City, and that the other abuses complained of in the complaint might be corrected. This would include a review of the water and sewer rate structuring." Motion having been made and seconded, roll was called -with the following vote recorded: "Aye" Orton, Purdy, Noland, Utley, Murray, Stanton. "Nay" None. "Abstain" Carlson. With a vote of 6-0-1, Mayor Purdy declared the motion to retain the law firm of Putman, Davis and Bassett for the purpose of trial within 60 days passed. T. C. CARLSON'S REQUEST FOR CITY RECORDS The City Manager distributed printed material to members of the Board regarding MS. T. C. Carlson's request for information from city records regarding any ex- pense accounts and other miscellaneous information. Mr. Grimes said they would comply with the Freedom of Information Act but he wondered how the information 33 was going to be used, and so the City will give what is required more, and no less. M8. Carlson wanted to make a comment, saying had nothing to do with the litigation which is going on. In the of a lengthy discussion, MS. T. C. Carlson said "Lester said you any record we have". Having no further business, meeting was adjourned. ATTEST: AC X4111TCY LERK APPROVED: -- no that it course can see 34 eAtRUSSELL T. PURDY Mayor