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HomeMy WebLinkAbout1975-03-18 Minutes257 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS March 18, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on March 18, 1975 at 7:30 p.m. in the Director's Room of the City Administration Building. Present: City Manager Donald L. Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion R. Orton, Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. Absent: None Others Present: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Marion R. Orton called the meeting to order. Following a 257.1 moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the March 3, 1975 special meeting and the March 4, 1975 special meeting and there were none. In regard to the minutes of the March 4, 1975 regular meeting, Director 257.2 Purdy requested that the following statement he made concerning the approval of the Community Development Grant application be included in the minutes: "I am opposed to such programs as this is the Federal government going in debt. I want no part of it. However, to rationalize this, if we do not take this money we (Federal government) will still be in debt and someone else will get the money!'!' Directors Todd and Noland requested that the record be corrected to 257.3 reflect that they abstained from voting in regard to the alley closings requested by the University of Arkansas Board of Trustees appearing on page 253. There being no further corrections, the Mayor declared the minutes 257.4 approved as amended. • ORDINANCE REZONING, PROPERTY - Ellis Bogan, petitioner The ordinance would rezone a 4.55 acre tract of land located on the north side of Sweetbriar Drive, east of Old Missouri Road from R-1 Low Density Residential to R-2 Medium Density Residential. The City Attorney explained that the request had been denied by the Planning Commission because it did not receive a majority vote+'of the entire commission since three members of the commission were absent when the request was considered. The City Attorney then read the ordinance for the first time after which Director Noland motioned that rules be sus- pended and the ordinance placed on second reading. The motion was seconded by Director Hughes and was unanimously passed by the Board in roll call vote. 257 257.5 257.6 258 Following the second reading, Director Purdy, seconded by Director Hughes, motioned to further suspend the rules and place the ordinance on third and final reading. In roll call vote of the Board the motion passed unanimously and the City Attorney read the ordinance for the third time. 258.1 Mr. Ellis Bogan was present in the audience to speak in behalf of the rezoning and answer questions from the Board. Discussion included consideration by the Board of a recommendation from planner Larry Wood to utilize a creek located on the property as a boundary for the rezoning with land across the creek remaining R-1. Director Noland, seconded by Director Purdy, motioned to amend the ordinance by rezoning the tract R-2 to the middle of the creek. In roll call vote of the Board the motion passed unanimously. Discussion,completed, Mayor Orton asked if the ordinance should pass as amended. There being seven "Ayes" and no "Nays" the ordinance was declared passed. 258.2 258.3 298.4 258.5 258.6 ORDINANCE NO. 2091 APPEARS ON PAGE 276 OF ORDINANCE P, RESOLUTION BOOK IV ORDINANCE REZONING PROPERTY - Cy Carney, Jr., petitioner The proposed ordinance would rezone a 2.00 acre tract of land located on the southeast corner of Gregg Avenue and Township Road from I-1 Heavy Commercial and Light Industrial to C-2 Thoroughfare Commercial. The City Attorney read the ordinance for the first time after which Director Hughes motioned to suspend the rules and place the ordinance on second reading. The motion, seconded by Director Noland, passed unanimously in roll call vote of the Board. Following the second reading, Director Purdy motioned to further suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Hughes and passed unani- mously in roll call vote of the Board. The ordinance was read for the third and final time. During discussion, the City Manager expressed his reservations about the rezoning since one of the uses permitted under C-2 was nightclubs and taverns. He stated that a nightclub had at one time been located on the property and had.caused difficulties for law enforcement. Ms. Frances Langham, speaking in support of the request, was present in the audience and stressed that the rezoning was being requested because the property was small and the setback requirements under I-1 would seriously affect the size of the lot and would hamper its development. She said that a prospective buyer of the property was planning to con- struct a surveyor's office. Director Todd motioned to table the request until the Planning Commission had acted on a proposed amendment to I-1 usage to permit offices under the zoning classification. The motion died for lack of a second. Director Purdy favored the rezoning and stated that it seemed logical to him that the property en Township Road would become C-2 up to Highway 71. Ms. Langham continued to support the rezoning by stating that property north of Township Road was zoned C-2. _ _ UpOn completion of discussion, Mayor Orton asked if the ordinance should pass. In roll call vote of the Board, six "Ayes" and one "Nay", cast by Mayor Orton, were recorded. The Mayor declared the ordinance passed. ORDINANCE NO. 2092 APPEARS ON PAGE 277 OF ORDINANCE $ RESOLUIION BOOK IV 258 Jr ORDINANCE APPROVING FINAL PLAT -- Clover Creek II The proposed ordinance would approve the final plat of Clover Creek II and a replat of Lots 24 through 38 of Clover Creek Subdivision. The ordinance would also accept and confirm the dedication of street right-of-way and/or utility easements. The City Attorney read the ordinance for the first time after which Director Purdy motioned to suspend the rules and place the ordinance on second reading. The motion was seconded by Director Noland and passed .in unanimous roll call vote of the Board. The second reading completed, Director Collier motioned to further suspend rules and place the ordinance on third and final reading. The motion. was seconded by Director Purdy and passed unanimously in roll call vote of the Board. Mr. Ervin Wimberly, present in the audience, informed the Board that the plat would increase the size of the lots but that easements and dedi- cations would remain the same. Mr. Claude Prewitt stated that the change in the size of the lots was necessary in order to meet FHA specifications. Director Todd expressed concern about the spacing of the street lights more than 300 feet apart Mr. Prewitt and Mr. Wimberly stated that the requirements for street light spacing had been changed since the develop- ment had begun and that money for the installation of the lights had been deposited several months ago. Following further discussion, Mayor Orton asked if the ordinance should pass. The recorded vote of the Board was seven "Ayes" and no "Nays". The ordinance was declared passed. ORDINANCE NO. 2093 APPEARS ON PAGE 278 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT - C $ L Land Company 259 259.1 259.2 259.3 259.4 The City Attorney read the resolution which would authorize the Mayor 259.5 and City Clerk to execute a one-year contract with the C $ L Land Company for sanitary landfill facilities. During discussion, Director Hughes stated -that, in view of the ex- 259.6 pensive rates, the city should consider purchasing its own landfill site. Director Purdy stated that he was opposed to the landfill but that it was the "least bad" alternative. He and other members of the Board strongly stressed that the city should resolve its solid waste disposal problem within:<£U44Tstea • Director Noland reported that the new rates reflected a 12% increase 259.7 over the rates of last year but that the rates seemed to be in conformity with those of other landfills and in some cases lower. He said that he was impressed with the improvements that had been made at the landfill site. Upon completion of discussion, Director Purdy motioned to adopt the 259.8 resolution. The motion was seconded by Director Lancaster and in roll call vote of the Board, Directors Noland,. Purdy, Collier, and Lancaster voted "Aye". Directors Orton, Todd, and Hughes voted "Nay". There being a majority "Aye" vote, the Mayor declared the resolution adopted. RESOLUTION NO. 21-75 APPEARS ON PAGE 140 OF ORDINANCE $ RESOLUTION BOOK IV 259 r 260 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE ADDENDUM TO LICENSE AGREEMENT - Scheduled Skyways 260.1 City Attorney McCord prefaced the reading of the resolution by ex- plaining that the last paragraph of the addendum had become subject to controversy in that it provides that: "Licensor, and all parties claiming under it, hereby release and discharge Licensee from all claims and liabi- lities arising from or caused by any loss or destruction to Licensor's property, regardless of the cause of the damage or loss." Mr. McCord stated that although the statement was not legally objectionable, it was not practical. The City Manager objected to the statement because he felt it would subject city property to careless actions of the Licensee's employees. 260.2 Following further discussion, Director Collier motioned to amend the addendum by deleting the last paragraph. The motion was seconded by Director Todd and was unanimously passed in roll call vote of the Board. The Mayor then asked if the Yesolution should pass andoin roll call vote of the Board the resolution passed unanimously. RESOLUTION NO. 22-75 APPEARS ON PAGE 141 OF ORDINANCE & RESOLUTION BOOK IV RECOMMENDATION FROM WATER AND SEWER COMMITTEE - Inspection of Inside City Construction Projects 260.3 The Board Water and Sewer Committee had recommended that the engineering firm of McGoodwin, Williams, and Yates be retained to perform inspections of the inside city water and sewer construction projects. The City Attorney read a resolution authorizing the City Manager to retain the services of the firm as described in an agreement executed June 7, 1971. 260.4 The City Manager informed the Board that the original contract with the firm provided that the city had the option to select the party to inspect the construction projects. Mayor Orton was particularly interested in the inspector making certain that properties involved in the construction be restored to-theimoriginal condition. She specifically mentioned replace- ment of retaining walls and fences, landscaping, and drainage. Mr. Yates stated that his firm would do whatever possible to see that the contractor made the necessary restorations. 260.5 Director Lancaster, seconded by Director Hughes, motioned that the resolution be adopted. In roll call vote of the Board the resolution passed unanimously. RESOLUTION NO. 23-75 APPEARS ON PAGE 142 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE ANNEXING PROPERTY - William W. and Betty K. McLeod and David M. Laura McWethy, petitioners 260.6 The City Attorney advised the Board to table the ordinance in view of state law which stipulates that annexations cannot be considered until 30 days following approval by the County Court. 260.7 Director Noland motioned to table the ordinance until May 6, 1975. The motion, seconded by Director Purdy, passed unanimously in roll call vote of the Board. 260 261., PURCHASING ITEMS AND AWARD OF BIDS Bid 274 - Solid State Two -Phase Traffic Controllers Administrative Assistant David McWethy informed the Board that the 261.1 bid was recommended to be awarded to Eagle Signal in the amount of $20,188. The controllers would be installed at the intersections of Mountain Street and College Avenue; Highway 62 West and Hill Avenue; Highway 112 and Cleveland Street; St. Charles Avenue and Dickson Street; Arkansas Avenue and Dickson Street; West Avenue and Dickson Street; and Maple Street and Arkansas Avenue. Director Purdy, seconded by Director Todd, motioned that the recominen- 261.2 dation be accepted and the bid awarded to Eagle Signal. In roll call vote of the Board the motion passed unanimously. Bid 275 - Paging System Equipment Mr. McWethy explained that the equipment would be used in conjunction with the proposed after-hours emergency dispatching service. He said the low bidder was not being recommended because the equipment did not meet specifications. Therefore, the bid was recommended to be awarded to Motorola, Inc. in the amount of $1,919.22. Following slight discussion, Director Todd motioned to accept the recommendation and award the bid'to' Motorola, Inc. of Little Rock. The motion, seconded by Director Lancaster, was unanimously passed in roll call vote of the Board. REQUEST BY CITY ENGINEER The City Engineer had requested authorization to include an additional sewer construction project in the 1974-75 Water and Sewer Budget construc- tion schedule to provide sewer facilities in the area along the eastern face of Mt. Sequoyah and the area to the east including Manor Drive, Ridgely Drive, Lovers Lane, and Canterbury Road. The City Manager explained that funds had previously been allocated for the construction of sewer facilities on the Wyman and Stonebridge Roads but that the project was encompassed by the Community Development project thereby releasing the funds appropriated for that project. Following slight comment, Director Purdy, seconded by Director Hughes, motioned that the request be granted.. The recorded vote of Board was six "Ayes" and one "Abstain", cast by Director Noland. CORRESPONDENCE AND OTHER BUSINESS The City Manager called to the Board's attention an update of street construction priorities to be forwarded to the State Highway Department. Director Lancaster, seconded by Director Purdy, motioned to approve the update and in roll call vote of the Board the motion passed unanimously. Director Hughes then stated thaithe Board Street Committee felt the City Manager should be authorized to express the Board's concern for delay in the North Street/Garland Avenue project. Director Hughes motioned that such authorization be given and Director Purdy seconded the motion. In roll call vote of the Board the motion passed unanimously. 261 261.3 261.4 261.5 261.6 261.7 262 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AGREEMENT - Allen Street Railroad Crossing 262.1 The City Attorney read the resolution which would authorize the Mayor and City Clerk to execute a perpetual use agreement between the city and the St. Louis -San Francisco Railroad for an 8" waterline crossing on Allen Street. The resolution would also authorize the City Controller to issue a check in the amount of $50.00 for consideration of the agreement. 262.2 Director Purdy, seconded by Director Collier, motioned that the reso- lution be adopted. In roll call vote of the Board the resolution passed unanimously. RESOLUTION NO. 24-75 APPEARS ON PAGE 1430F ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE NECESSARY DOCUMENTS IN CONJUNCTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 262.3 The City Attorney read the resolution authorizing the Mayor and City Clerk to execute all necessary documents to complete the application for Community Development Block Grant Funds. 262.4 Director Purdy motioned that the resolution_betadopted. The motion, seconded by Director Hughes, was passed unanimously in roll call vote of the Board. RESOLUTION N0. 25-75 APPEARS ON PAGE 1440F ORDINANCE 4 RESOLUTION BOOK IV 262.5 The City Manager then reported that the Washington County Judge had asked that the Board consider permitting parking on streets south of the Washington County Regional Medical Center during construction of new park- ing facilities on hospital gounds. The two-year construction project would begin shortly and would result in the temporary loss of 85 parking spaces. Mr. Grimes said the Judge had requested that parking be allowed on one side of the streets during the construction. 262.6 Director Todd stated that the citizens living in the area should be taken into consideration before a decision was reached. Director Noland felt the parking situation should have been anticipated sooner to avoid creating a last minute contingency. 262.7 Director Purdy, who did not favor making a decision until all possi- bilities had been investigated, motioned that the City Manager and his staff consult with the County Judge in regard to conducting a public hearing on the matter. The motion was seconded by Director Todd and passed unani- mously by the Board. CAST IRON PIPE ANTITRUST SETTLEMENT 262.8 Director Noland commended the city staff for its efforts which resulted in the settlement of the cast iron pipe antitrust suit. The city had received an initial installment of $26,123.41 with a final installment to be expected early in 1976. ANNUAL REPORT DELIVERY 262.9 Mr. McWethy reported that the expense for mailing the annual report was greater than expected and that he had negotiated with the Boy Scouts who 262 1. 263 had agreed to deliver annual reports inside the city limits for about half the cost. APPOINTMENTS TO CITY BOARDS, COMMITTEES, COMMISSIONS Director Todd, Chairman of the Board Nominating Committee, reported that 263.1 the committee had met March 17 to consider various applications for city boards, committees, and commissions. Mr. Norman Way, alias Jack Wallace, was nominated by the committee to 263.2 serve an indefinite term on the Dance Hall Licensing Board. There being no further nominations from the Board, Director Todd motioned that the nomina- tion be accepted. The motion, seconded by Director Hughes, passed unanimously in roll call vote of the Board. Mr. Hugh Brewer was nominated by the committee for reappointment to the 263.3 Civil Service Commission for a six-year term expiring April 1, 1981. There being no further nominations from the Board, a motion made by Director Todd to accept the nomination was seconded by Director Noland and passed unanimously in roll call vote of the Board. Nominated by the committee to serve terms on the Industrial Park Committee 263.4 to expire April 1, 1977 were Mr. Joe Fred Starr and Mr. Don Trumbo.. Director Todd, seconded by Director Noland,motioned that the nominationsbbe accepted. The motion passed unanimously in roll call vote of the Board. Ken Cotterman, James Jefferson, and Larry Belzung were nominated by the 263.5 committee to serve terms on the Industrial Park Committee to expire April 1, 1978. A motion made by Director Todd and seconded by Director Noland to accept the nominations was withdrawn when Director Purdy wished to place the name of Garland Melton in nomination. Director Purdy commented that Mr. Melton had "put more time, money, and himself into this city and its activities, particularly the Industrial Park Committee." Director Todd stated that he did not disagree with Purdy's statement but that members of the committee felt a greater participation in city government by various people should be achieved. Director Todd noted that Mr. Melton currently served on other committees. Director Purdy's motion to nominate Mr. Melton was seconded by Director Lancaster. Director Todd, seconded by Director Lancaster, motioned that the nomination of Mr. Phil Cotterman be accepted. In roll call vote of the Board, five Directors voted "Aye" and two, Directors Purdy and Lancaster,voted "Nay". Mayor Orton declared the nomination of Mr. Cotterman accepted. Director Lancaster, seconded by Director Purdy, motioned to place Mr. 263.6 Charles Sharlau's name in nomination with Mr. JamesJ;efferson. In roll call vote of the Board five Directors voted "Ayes to accept the nomination of Mr. Jefferson, and two, Directors Lancaster and Purdy, voted "Nay". The Mayor declared the nomination of James Jefferson accepted. The Board voted unanimously to accept the nomination of Mr. Larry 263.7 Belzung. Direttor Todd then motioned that the nomination of Mr. James Gibson 263.8 to serve a term on the Municipal Parking Authority to expire June 5, 1980 be accepted. The motion was seconded by Director Noland and was unanimously passed in roll call vote of the Board_t Mrs. Mollie Wilson was nominated by the committee to serve a term on 263.9 the Community -Development Committee to expire October 1, 1977. Director Todd, seconded by Director Noland, motioned that the nomination be accepted and in roll call vote of the Board the motion passed unanimously. 263 264 264.1 Director Collier reported that he had attended a meeting in Little Rock to discuss federal grants for culturally deprived cities in conjunc- tion with Bicentennial celebration activities. He reported that Fayetteville would be eligible for $25,000 in matching funds and that the application for the grant would be due by April 15. He proposed that any cultural groups interested in pursuing the grant meet in the Director's Room of the City Administration building at 7:30 p.m. on March 25. PRESENTATION OF PROPOSED PARK SITE 264.2 Tom Moore, Randy Murphy, and Mike VonHatten, students of the University of Arkansas School of Architecture, presented a proposal for the develop- ment of a park site at the corner of Dickson and West Streets. Members of the Board took the opportunity to view a scale model of the proposed park and asked questions concerning the feasibility of the park. ADJOURNMENT 264.3 There being no further business for the Board's consideration, Director Hughes, seconded by Director Purdy, motioned that the meeting be adjourned. The motion met with the Board's approval and the Mayor declared the meeting adjourned. ATTEST: Lu Darlene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor 264