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HomeMy WebLinkAbout1976-08-03 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 3, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on August 3, 1976, at 7:30 p.m., in the Directors' Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion 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 224.1 The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amend- ments to the minutes of the July 20, 1976 meeting. There being none, the minutes were declared approved as submitted. ORDINANCE AMENDING CITY CODE - Purchasing Limitations 224.2 The ordinance, read the first time by the City Attorney, would amend the City Code to allow the City Manager to make purchases of up to $2,500, without formal Board approval, of approved budgeted items. 224.3 Director Collier, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the second time. 224.4 Director Noland, seconded by Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Noland, Hughes, Orton, .Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the third and final time. p24.5 The City Manager stated that competitive bids or quotations would still be obtained when feasible but that the new ordinance would give him more latitude in situations that require immediate action. Upon completion of discussion, the Mayor asked if the ordinance should pass. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2259 APPEARS ON PAGE 150 OF ORDINANCE & RESOLUTION BOOK V 224 ORDINANCE VACATING ALLEY - Original Town Addition The ordinance would vacate an east -west alleyway located in lot ten 225.1 of Block 17 of the Original Town Addition of Fayetteville. The Mayor de- clared the public hearing open. There being no comments presented either in favor or against the closing, the Mayor declared the hearing closed. The City Manager reported that the City would retain easements of the 225.2 alley and that the north -south alley and additional easements were to be received by the Fayetteville Housing Authority and easements deeded to the City. The City Attorney read for the first time an ordinance to abandon the alley. Director Purdy, seconded by Collier, moved rules be suspend- ed and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Purdy, moved rules be further suspended 223.3 CO and the ordinance placed onthird and final reading. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance 225.4 should pass. The recorded roll call vote of the Board was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2260 APPEARS ON PAGE 151 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION APPROVING BUDGET ADJUSTMENTS - Community Development Program The City Attorney read a resolution which would approve budget adjust- ments to the Community Development Block Grant Program as recommended by a HUD monitoring team. Director Todd, seconded by Director Noland, moved adoption of the resolution. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The resolution was declared adopted. RESOLUTION NO. 32-76 APPEARS ON PAGE 63 OF ORDINANCE & RESOLUTION BOOK V 225.5 RESOLUTION AUTHORIZING EASEMENT AGREEMENT - Arkansas Western Gas The resolution, read by the City Attorney, would authorize the Mayor 225.6 and City Clerk to execute an agreement with the Arkansas Western Gas Company for the joint use of utility easements The City Attorney explained that the agreement was the result of the culmination of an old condemnation case involving a Zion Road water line. Director Noland, seconded by Todd, moved adoption of the resolution. The 225.7 recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 33-76 APPEARS ON PAGE 64 OF ORDINANCE & RESOLUTION BOOK V 225 226.1 RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENT - North Gregg Avenue The resolution, read by theCity Attorney, would authorize the Mayor and City Clerk to execute acceptance of a railroad easem?nt for a portion of North Gregg Avenue near the Sycamore Street intersection. City Manager Grimes reported that the easement was one that had been requested at the time North Gregg Street was widened. 226.2 Director Noland, seconded by Hughes, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the resolution adopted. RESOLUTION NO. 34 76 APPEARS ON PAGE 65 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING LITIGATION - Department of Housing and Urban Development 226.3 The City Attorney explained the request for authorization to initiate litigation had been made by the City Manager in the event the City receives an adverse ruling from the Secretary of Housing and Urban Development con- cerning property acquisition procedures for projects funded with Community Development funds. McCord stated the City's contention to be that the 1970 Property Acquisitions Act should not apply to the acquisition of easements,and that the 1974 Community Development Act of 1974 did not specifically require compliance with the 1970 federal statute even though HUD had taken the position that CD program recipients must comply with the property acquisition requirements or forfeit eligibility for funds. 226.4 The City Manager commented that, if the City were required to comply with the property acquisition requirements in securing easements, the CD program would suffer project cutbacks in order to provide funds for acquisition of easements. 226.5 The City Attorney read a resolution which would authorize litigation to be initiated. Director Lancaster, seconded by Todd, moved adoption of the resolution. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 35-76 APPEARS ON PAGE 66 OF ORDINANCE & RESOLUTION BOOK V CONTRACTS APPROVAL - Community Development Park Projects / Drake Field 226.6 The City Manager recomnmended the approval of engineering contracts for Community Development park projects and Drake Field improvement projects be tabled until drafts of the documents could be finalized. He said the contracts would be ready for consideration at the next meeting. 226.7 Director Noland, seconded by Hughes, moved the items be tabled until the next meeting. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the motion carried. 226 1 APPOINTMENTS TO CITY BOARDS AND COMMISSIONS Board of Adjustment: Director Todd, seconded by Director Purdy, moved that Larry R. Smith be appointed to the Board of Adjustment for a term to expire January 1, 1980 and that he be allowed to complete his term on another committee; and, that Mrs. Don Mills be appointed to serve a term to expire January 1, 1981. He noted that the nominations were made to fill new positions created by the Board at its last meeting. The Mayor asked if the motion should pass and the recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the motion passed. 221 227.1 227.2 ►s� .14 Municipal Parking Authority: Director Noland, seconded by Purdy, moved 227.3 rt that David T. Knoll be appointed to the Municipal ParkingAuthority for a term to expire June 5, 1981. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd OM "Nays": None The motion was declared passed. Pollution Control Committee: Director Todd, seconded by Noland, moved that Tom Scott be appointed to the Pollution Control Committee to fill an un- expired term to expire January 1, 1977. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None 1 WAIVER OF RIGHT-OF-WAY REQUIREMENTS - South Washington / Sixth Street The City Manager recommended the waiver of Master Street Plan right-of-way requirements for the construction of improvements to South Washington Street. He reported that homes along the street were extremely close to the street and were shaded by large trees which would have to be removed if right-of-way requirements were not waived. Director Todd did not feel requirements should be waived if the improvements to the street ' would result in a signifi- cant increase in traffic flow. Director Lancaster believed that, if additional right-of-way were acquired, equal*amounts should:be.acquired from each side. Following further discussion, Director Collier moved the City Manager investigate the possibility of acquiring 50 feet of right-of-way and re- port his findings to the Board. The motion was seconded by Director Purdy and the recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed. The City Manager also recommended waiver of right-of-way requirements for the construction of a sidewalk on the north side of Sixth Street. Grimes informed the Board that some condemnations along the street should be expected. He said the sidewalk was planned to be constructed along the north side rather than the south side because utility poles would have to be relocated along the south side. In order to determine what expense would be involved in possible condemnations, Director Collier moved that the City Manager determine how many condemnations would have to be made and how many property owners would be willing to donate the right-of-way. 227 227.4 227.5 227.6 227.7 227.8 228.1 The Mayor asked if the motion should pass. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion carried. 228.2 Director Todd questioned why the Stone Street project west of Sang Avenue would qualify for CD appropriations as it did not appear that the neighborhood could qualify as a low or moderate income neighborhood. The City Manager stated that the street accommodated heavy bus traffic and that the project"would be more of a convenience to the school system than anyone." CD Administrator Chuck Hoffman noted that the buses carried children from low- and moderate -income neighborhoods to the school located in the area. 228.3 Director Todd stated he believed the project would constitue an im- proper expenditure of CD funds and that the school system should sustain itself with its own finances. 228.4 Director Purdy, seconded by Todd, moved that the City Manager be re- quested to investigate the possibility of the school and property owners sharing in the cost of the project. The vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed. ORDINANCE AMENDING SIGN ORDINANCE 228.5 The Board Sign Committee had recommended certain amendments to the Sign Ordinance concerning size and setback of free-standing signs and regulations pertaining to roof signs. 228.6 In regard to free-standing signs, the Board considered several pro- posals which would restrict the size of signs in relation to their dis- tance from the right-of-way. Signs located further away from the right-of-way would be allowed more square footage than signs located nearer the right-of-way. The Board discussed at length various proposals offered, and, after failure to reach a concensus on which proposal to seriously consider, Director Lancaster moved that further consideration of the amendments concerning free-standing signs be tabled. The motion was seconded by Director Todd and the recorded vote was: "Ayes": Noland, Orton, Purdy, Lancaster, Todd "Nays": Hughes, Collier 228.7 In regard to roof signs, Director Collier stated he would not favorably consider allowing roof signs upon appeal and approval of the Board. He felt that if they were to be allowed at all the ordinance should be written to allow roof signs and stipulate their regulation. Collier believed more problems would be created if the roof signs were allowed only upon appeal. 228.8 The City Attorney read an ordinance to allow roof signs upon appeal to, and approval of,the Board. Director Hughes, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the second time. 228.9 Director Purdy, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the final time. 228 '.0 S4 During discussion, it was noted that roof signs might be approved in instances where other types of signs were not feasible. The Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Lancaster, Todd "Nays": Collier The Mayor declared the ordinance passed. ORDINANCE NO. 2262 APPEARS ON PAGE 153 OF ORDINANCE & RESOLUTION BOOK V 229 229.1 ORDINANCE AMENDING ORDINANCE 2255 The City Attorney advised the Board that Ordinance 2255, which amend- 229.2 ed the Sign Ordinance, required correction. He read an ordinance to effect the necessary correction. Director Collier, seconded by Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Noland, moved rules be further suspended 229.3 and the ordinance placed on third and final reading. The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed and the ordinance was read the third and time. There being no discussion, the Mayor asked if the ordinance should The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2261 APPEARS ON PAGE 152 OF ORDINANCE & RESOLUTION BOOK V final pass. 229.4 AWARD OF BID - 22nd Street Sewer Project Purchasing Officer Sturman Mackey reported that one bid had been received in response to seven bid invitations. He called attention to a cost overrun for Schedule I of the project and recommended that Schedule II (additional sewer lines for Country Club Road) be deferred. He also recommended award of the bid and contract, contingent upon HUD approval of adjustments to the 1975 CD sewer program and approval of contract pro- cedures, to Jerry Sweetser in the amount of $11,959.50. After slight discussion, Director Noland moved the recommendations of the Purchasing Officer for award of the contract and for the deferment of Schedule II. Director Hughes seconded the motion. The recorded roll call vote of the Board was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None The motion was declared passed. The City Attorney read a resolution authorizing execution of the contract with Jerry Sweetser for construction of the 22nd Street sewer. 229 229.5 229.6 229.7 230.1 Director Purdy, seconded by Collier, moved The recorded roll call vote was: "Ayes": Noland, Hughes, Orton, Purdy, Collier, "Nays": None The resolution was declared passed. adoption of the resolution. Lancaster, Todd RESOLUTION NO. 36-76 APPEARS ON PAGE 67 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS 230.2 Director Todd requested that notification of upcoming election of muni- cipal officials (directors and municipal judge) be included with the August water bills. The City Manager stated he would check into the possibility of including the notification with the bills POPLAR STREET DRAINAGE 230.3 Mr. Jim Wisman, 1923 Woodland, was present in the audience to request information as to what action had been taken in regard to the Poplar Street drainage problems discussed at the July 20 meeting. The City Manager re- ported that he had contacted school officials and that they had agreed to re -grade the eastern parking lot to allow drainage to flow to the proposed retention pond. 230.4 Mr. Wisman stated that the most recent rainfall had caused damage to Woodland Street. He did not believe the construction of a retention pond would resolve the drainage problems. Mayor Orton stated that, should the retention pond not prove to be a satisfactory solution, the City and school would seek another solution. WYMAN-STONEBRIDGE SEWER 230.5 Mr. Donnie Oliver, Wyman Road, requested that action be taken to expedite extension of the Wyman -Stonebridge sewer to his property. He stated he had been told several months ago that the line would be extended to his home but that the extension had not yet been completed. The City Manager assured Mr. Oliver that he would investigate the matter. ADJOURNMENT 230.6 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor 230