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HomeMy WebLinkAbout1974-12-05 Minutes10 MINUTES OF A REGULAR (`SETING OF THE BOARD OF DIRECTORS FEBRUARY 5, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, February 5, 1974 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald L. Grimes; Sturman Mackey, Purchasing, Personnel, and Budget Officer; David McWethy, Administrative Assistant; Jim McCord, City Attorney; Ann Leek acting as City Clerk; and Directors Orton, Purdy, Utley, Murray, Carlson and Stanton. Directors Absent: Director Noland. Others Present: Representatives of the news media and members of the audience. Minutes of the January 15, 1974 meeting had been distributed to the Board members prior to the meeting. Directors Orton and Utley requested an amendment to the minutes of the January 15 meeting on page 12, after paragraph 2, to cause a statement to read: "Director Utley stated that he understood that the feasibility study being con- ducted by the Northwest Arkansas Regional Planning Commission and the Arkansas State Highway Department would consider the total transportation needs of north- west Arkansas and that this study should be incorporated into the Airport Committee study. Director Orton asked if the study would consider AMTRAC and other forms of masstransit. Mr. McClelland agreed that the study would consider the total transportation needs of the area." There being no further corrections, additions, or deletions, the minutes of the January 15, 1974 meeting were approved as amended. AN ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 1750 City Attorney McCord read a proposed ordinance to clarify the improvements required in urban and suburban developments. Director Murray moved the rules be suspended and the proposed ordinance be placed on second reading. Director Orton seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney 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 the motion passed unanimously. The City Attorney read the proposed ordinance the third and final time. Director Carlson made a motion to amend portions of the proposed ordinance as follows: addition of "street lights" in Section 2, paragraph 3 under "Proposals" (page 7 of agenda); addition of "side.calks, street lights..." in Section 2, paragraph 8 under "Information to Supplement the Plat"(page 9 of agenda). Director Orton seconded the notion. Upon roll call the motion passed unanimously. Director Carlson then made a motion to amend portions of the proposed ordinance to include that the Growth Area water system's private water and sewer systems must meet approval of the (Water and Sewer Superintendent. The motion brought about a discussion as to whether the City has the authority and/or jurisdiction to inspect private water and sewer systems outside the present city water system. Director Orton stated that since this ordinance would also cover subdivisions with City water coming later, it would be,i:.poit.::,t that those lines were done to City standards. Director Carlson pointed out that the memorandum of understanding provides that any lines built near the city limits within what the Regional Planning Commission deers might be part of the city system in the future will have to meet approval of the City. 10 1 1 -.^ A Director Stanton cited a paragraph under Section 2, "Information to Supple- 1-1 nent the Plat", which requires a signature block for certification by the City Water and Sewer Superintendent. Director Carlson brought out that this section did not indicate whether application was to urban or suburban systems. Following this discussion, Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Utley, Murray, Carlson "Nays" Stanton Mayor Purdy declared the motion passed. He then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Utley, Murray, Carlson, Stanton. There being a unanimous vote, the Mayor declared the ordinance passed as amended. * Ordinance No. 1979 appears on page 65 of Ordinance and Resolution Book IV.' ORDINANCE FOR LARGE SCALE DEVELOPMENT City Attorney McCord read a proposed ordinance accepting and confirming the dedication of street right-of-way and/or utility easements in the Large Scale Development Plan for Doctors Brooks, Brandon, and Turley for property located in the 1300 block of Zion Road. Director Stanton moved 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. The City Attorney 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 Stanton seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final time. A discussion of the proposed ordinance followed. Director Carlson expressed concern over the placement of a water main under the driveway because of a possibility of traffic weakening the line. She also observed that the petitioners agreed to use Stearns Road rather than Zion Road for access as a traffic alleviation measure. Director Orton brought out that the Plat Review Committee had suggested moving the access road to the west, still on the owners' property, but which would put the road on land already open to Large Scale Development. This would also cause a sewer line to be required, she said. Mr. Clarence Young of the audience stated that there is no ordinance to prevent an access drive from crossing zones. Dr. W. Ely Brooks of the audience, one of the petitioners, stated that they [the petitioners] had agreed by letter to move the access road to the west, and that they had a commitment for easement or to buy property on the south. City Attorney McCord gave an opinion that the Board of Directors does not have the authority to turn down what was passed on the Large Scale Development by the Planning Commission; that the Board could amend the ordinance to require Large Scale Development plans to come before it. Director Carlson offered debate to the City Attorney's opinion by way of an Arkansas statute pertaining to the authority of the planning commission. Director Orton suggested that the plan be sent back to the Planning Commission for consideration of dedication of a road, the reason being that whenever the property is rezoned the Board will not have the opportunity to obtain said dedication. Director Carlson then made a motion to defer action until Ordinance No. 1750 could be read by each board member. The motion died for lack of a second. Mayor Purdy stated that the purpose of the Board on this matter is solely to accept dedications of right-of-way and utility easements. He then asked the question, "Shall the ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Utley, Murray, and Stanton. "Nays" none. 11 12 Director Carlson abstained from voting. There being five Ayes, the Mayor declared the ordinance passed. * Ordinance No. 1978 appears on page 64 of Ordinance and Resolution Book IV. ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 An ordinance to allow tandem lots was reconsidered after first being discussed at a regular meeting held on January 15, 1974. The written opinions of the Fire Chief, Inspection Superintendent, Sanitation Superintendent, Street Superin- tendent and City Engineer had been distributed with the agenda. City Attorney McCord stated that he had drafted a tentative ordinance which would take into consideration the objections made by the City officials. Director Carlson moved that the proposed ordinance be referred back to the Planning Commission for recommendations. Director Orton seconded the motion. Upon roll call vote the motion passed by a unanimous vote. 1 RESOLUTION TO EXECUTE A CONTRACT WITH C AND L LAND COMPANY The City Attorney read the resolution, which would renew the existing contract with a change in the rate structure. Director Orton pointed out that private haulers in the city would not be lumped under the City's fee. Director Utley stated that a maximum fixed amount to be charged should be included in the contract. He also questioned the City's granting free fire protection to the landfill, since it is a commercial service operating at a profit. Director Carlson suggested that a provision be added to allow individual citizens to dump trash free of charge. She added that the contract should be specific as to who determines the reasonableness of rates charged to private commercial haulers. City Manager Grimes replied that individual citizens can take better advantage of the services of their City Sanitation Departwent, thereby eliminating the need to tratel to the landfill. Mr. David Lashley of the audience, a representative of Fayetteville Waste Paper Company, stated that the all-weather roads stipulated by the proposed contract are in poor condition at times. He asked to whom the responsibility of road maintenance belonged. Director Orton suggested a penalty of the deduction of rent payment for each day that the landfill is not accessible. Director Stanton made a motion to table the resolution for further work by the City Manager. Director Orton seconded the motion. The motion carried unanimously. REPORT FROM THE CITY MANAGER City Manager Grimes presented a display map of the locations of City -owned rental property, with a suggestion to the Board on those parcels which he felt should be sold. Mr. Grimes felt that City crews should be working on public facilities rather than on private rent houses. Director Carlson requested that the Board members be sent a list of the addresses of the subject properties for their personal review. No action was taken on the matter at this time. APPOIN'T:lE\T OF ACTING CITY CLERK The City Attorney read a resolution appointing City Controller Patrick J. Tobin as acting City Clerk until such time as a permanent replacement for forcer Clerk Helen Young can be employed. Director Stanton moved that the resolution be adopted. Director Murray seconded the motion. The resolution was adopted by a unanimous vote. * Resolution No. 8-74 appears on page 16 of Ordinance and Resolution Book IV. 12 1 13 Mayor Purdy then read a resolution commending former City Clerk Helen Young on the manner in which she executed her duties in this position. Director Orton made a motion that the resolution be adopted. Director Murray seconded the motion. Upon roll call vote the motion carried unanimously. * Resolution No. 10-74 appears on page 13 of Ordinance and Resolution Book IV. RESOLUTION TO CONTRACT ENGINEERING SERVICES FOR REPAIR AT LAKE FAYETTEVILLE DAM City Attorney McCord read the resolution. City Manager Grimes reported that there is a serious leak running beneath the spillway at Lake Fayetteville dam. The cost of repairs will probably amount to $50,000 or more. The dam is in no present danger but will worsen. Mr. Grimes felt that the City's engineers do not have enough experience to handle the job. The resolution would authorize an agreement with McClelland Consulting Engineers, Inc., for the repair work. Director Carlson expressed concern over the City's contracting only one or two engineering firms for all of its work. She felt it would leave.the City open to criticism. She suggested that the City obtain competitive proposals. City Manager Grimes replied that the Code of Ethics required of such profes- sionals prohibits engineering firms from presenting competitive proposals. He stipulated that any engineering firm contracted by the City would be one which consistently provides satisfactory service. Director Utley made a motion that the resolution be adopted. Director Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Utley, Murray, Stanton. "Nays" none. Director Carlson abstained from voting. There being five "Ayes", the Mayor declared the resolution adopted. * Resolution No. 9-74 appears on page 17 of Ordinance and Resolution Book IV. PURCHASING ITEMS AND AWARD OF BIDS Purchasing Officer Sturman Mackey made a recommendation to the Board that Bid No. 227 for the purchase of vehicles for various departments be awarded to Lewis Ford, Inc., of Fayetteville. City Manager Grimes added that the motion to accept the bid award should also include a statement to the effect that two of the 2-1/2 ton trucks will be paid for out of 1974 Revenue Sharing funds but will be purchased now with General Fund monies. Director Stanton suggested using smaller vehicles, which might be purchased and operated more cheaply. Mr. Mackey pointed out that the bid tabulation reflected a lower bid from Lewis Ford than from Cordes -Brown Toyota. Director Stanton questioned buying automatic shift rather than standard shift. Director Utley and Mayor Purdy agreed that automatic shift is more durable when more than one or two drivers operate the same vehicle. Director Utley made a motion to accept the Purchasing Officer's recommendation. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Utley, Murray, Stanton. "Nays" Carlson. Director Carlson stated that she did not see the necessity for some of the vehicles being purchased. Purchasing Officer Sturman Mackey made a recommendation to the Board that Bid No. 228, for the purchase of a fire -crash -rescue vehicle with skid -mounted unit for Drake Field Municipal Airport be awarded to Casco Industries, Inc., of Shreveport, Louisiana, the low bidder. Mr. Mackey stated that this vehicle is required by the Federal Aviation Administration for continued certification of the municipal airport. Mr. Mackey added that the funds are approved at this 13 J 14 time but would not be funded until the bid award was authorized by the Board and the vehicle was purchased. Director Utley made a motion to accept the recommendation. Director Orton seconded the motion. The motion carried unanimously. Purchasing Officer Sturman Mackey made a recommendation to the Board that Bid No. 229, for security fencing at the City Shop on Highway 62 East, be awarded by item to the low bidder, Modern Fence Company of Fayetteville. Mr. Mackey stated that the financing would come from the General Fund until the 1974 Revenue Sharing monies were received. Director Carlson made a motion to accept the recommended bid award. Director Stanton seconded the motion. The recommendation passed by a unanimous vote. CORRESPONDENCE AND OTHER BUSINESS 1. A request for authorization to advertise for bids for Lake Fayetteville Park - Plans were distributed to each director, showing the location of facilities and outlining the scope of the project. Director Stanton made a motion to grant authorization for bid advertisement. Director Carlson seconded the motion. Upon roll call vote the motion carried unanimously. 2. Report on private police service - City Manager Grimes reported that notices have been placed in the local news- paper stating that the City Police Department has no relation to this service. He said that the service is not covered under the present Green River Ordinance as a solicitation because it is not tangible merchandise or goods The City Attorney and the City Manager recommended an amendment to the merchant police ordinance to require City certification of a business of this nature. City Attorney McCord stated that, in addition, the Green River Ordinance might be so amended. 3. Minute Order of the Arkansas Highway Department - City Manager Grimes read a Minute Crder issued by the Arkansas State Highway Commission authorizing the Director of the Arkansas Highway Department to initiate action toward upgrading the Fayetteville Highway 71 Bypass. 4. Nominating Committee Report - Director Stanton made a motion to appoint William G. Underwood to fill one of the two vacancies on the Housing Authority. Director Carlson seconded the motion. Upon roll call vote the motion carried unanimously. ADJOURNMENT There being no further business, Director Stanton moved the meeting be adjourned. Director Carlson seconded the motion, which passed unanimously. Mayor Purdy then declared the meeting adjourned. ATTEST: APPROVED: / (9t /Clerk ;`ayor 14 1