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HomeMy WebLinkAbout1976-08-17 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 17, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on August 17, 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, Al Hughes, Russell Purdy, and Morris Collier. 1.0 I1 ABSENT: Director Paul Noland OTHERS PRESENT: Members of the audience and representatives of the news media. 1 CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the August 3,1976 meeting. There being none, the minutes were declared approved as submitted. REVIEW OF FIRE PROTECTION PLANNING PROCESS Members of an advisory task force were present to inform the Board of pro- posed goals and objectives of the City's fire protection planning program. City participation in the program, sponsored bythe National Fire Prevention and Control Administration, had been approved by the Board at its October 7, 1975 meeting. Director Collier, task force memberandchairman of the Board Police and Fire Committee, explained to the Board that the proposed goals and objectives were being presented for comment and suggestion. Approval of the proposals by the Board would not, according to Collier, irreversibly commit the City to the goals and objectives outlined. Two topics specifically mentioned by Collier as needing additional consideration were the proposals for the creation of a Public Information Officer position, and the requirement for installation of smoke detection devices in new residential construction. Also proposed in the preliminary plan was the levy of fire protection fees for state and federal institutions as well as tax-exempt, non-profit organi- zations and churches. Fire Chief Charles McWhorter stated in comments to the Board that the City would be dragging its feet should it fail to set future goals for fire protection programs. Before presenting financial proposal for institution of any goals, McWhorter said the Board would have to indicate whether the preliminary plan directed the City in the right course. Director Todd expressed reservation about committing the City to any ob- jectives until an economic assessment could be made. Director Hughes, seconded by Director Purdy, moved concurrence withond approval of, the preliminary plan, including the proposal for the creation of a Public Information Officer position. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. 231 231 231.1 231.2 231.3 231.4 231.5 ;i RESOLUTION ADOPTING CITY FLAG 232.1 At its July 20, 1976 meeting, the Board had tentatively approved the design for a City flag pending selection of a date to be placed upon the flag. Director Purdy, seconded by Hughes, moved that the date of 1829 be placed upon the flag to signify the year in which Fayetteville officially received its name. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. 232.2 The City Attorney then read a resolution officially adopting the City flag as designed by Michael Browning, University of Arkansas architecture student. Director Purdy, seconded by Collier, moved adoption of the resolu- tion. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd "Nays": Hughes Absent: Noland The Mayor declared the resolution passed. RESOLUTION NO. 37-76 APPEARS ON PAGE 68 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION EXPRESSING APPRECIATION TO BOY SCOUT TROOP 142 232.3 The City Attorney read a resolution expressing appreciation to Boy Scout Troop 142 for conducting a city-wide flag design contest which resulted in the selection and adoption of a City flag. Director Todd, seconded by Hughes, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the resolution adopted. RESOLUTION NO. 38-76 APPEARS ON PAGE 69 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R76-25/Hanshew Drive/Tom B. Bell 232.4 The City Attorney read for the first time an ordinance which would rezone a 4.5 acre tract of land located on the east side of Hanshew Drive west of Sixth Street from A-1 Agricultural to R-1 Low Density Residential. 232.5 The Board discussed the unavailability of sewer to the property. Mr. Bell, present in the audience, stated he would agree that no structures would be occupied until they had been connected to sewer and that septic tanks would not be allowed. The City Attorney advised that subdivision regulations would be applicable to the parcel at the time it is divided and the Planning Administrator could require that sewer facilities be available before any lot splits are approved. 232.6 Director Collier, seconded by Purdy, moved rules be suspended and the ordi- nance placed on second reading. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. 232 1 Director Collier, seconded by Purdy, moved rules be further suspended arra the ordinance read the third and final time. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nay": None Absent. Noland The motion was declared passed and the ordinance was read the third and final time. During further discussion concerning septic tank installations, the City Manager said he would instruct the Building Inspection Department to inform people that no permits for occupancy or water taps would be issued for structures on the. property unless they -were to be connected to sewer. The Mayor asked if the ordinance should pass. The recorded roll call vote r,� was: '+ "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2263 APPEARS ON PAGE 154 OF ORDINANCE & RESOLUTION BOOK V 1 : 233.1, 233.2 233.3 ORDINANCE REZONING PROPERTY - R76-27/Hwy. 16 West/Don Kendall The City Attorney read for the first time a proposed ordinance to rezone a 233.4' 5 acre tract located on the south side of Highway 16 West and west of Highway 71 from A-1 Agriculture to R-0 Residential Office. Director Collier, seconded by Purdy, moved rules be suspended and the ordi- 233.51 nance placed on second reading. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Collier, moved rules be further suspended and 233.6 the ordinance placed on third and final reading. The recorded vote was: a'Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None .Absent: Noland The motion was declared passed and the ordinance was read the third and final time. Following slight discussion, the Mayor asked if the ordinance should pass. 233..7 The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2264 APPEARS ON PAGE 155 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R76-26/Zion Road/James Lindsey The City Attorney read for the first time a proposed ordinance to rezone 233.8 a 6.9 acre tract located on the south side of Zion Road, east of Old Missouri Road, from A-1 Agricultural to R-1 Low Density Residential. James Lindsey, the petitioner, was present to speak in behalf of the appeal 233.9 and to brief the Board about the parcel's location and the services available to it. In view of the fact that sewer service was not presently available to the 233 property, Mr. Lindsey proposed that he be given time to contact area property owners to determine whether they would be willing to con- tribute to the cost of extending the nearest sewer line to the area. He stated that sewer service would be ideal but that the large size of the proposed lots would accommodate septic tanks and that percolation tests had proven satisfactory. 234.1 The City Manager agreed that the extension of the sewer line was im- portant to the area and, given enough time and incentive, the local share of the expense could be acquired. 234.2 Director Lancaster, seconded by Todd, moved that the ordinance be tabled until a proposal could be offered in regard to extension of the line, and, that the City Manager consult with persons involved in the project. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed and the ordinance tabled and left on first reading. ORDINANCE APPROVING FINAL PLAT - Sweetbriar Addition, Phase II 234.3 The City Attorney read a proposed ordinance to approve the final plat of Sweetbriar Addition, Phase 1I and to accept and confirm dedication of street right-of-way and utility easements. 234.4 Director Collier, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. 234.5 Director Todd, seconded by Hughes, moved rules be further suspended and the ordinance read the third and final time. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the motion passed and the ordinance was read the third and final time. 234.6 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Hughes Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE N0. 2265 APPEARS ON PAGE 156 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE NAMING STREET - Warford Drive 234.7 The City Attorney read a proposed ordinance to name the east end of East Thirteenth Street "Warford Drive". Director Collier, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Tadd "Nays": None Absent: Noland Thp motion was declared oassed and the ordinance was read the second time. 234.8 Director Collier, seconded by suspended and the ordinance placed corded roll call vote was: "Ayes": Hughes, Orton, Purdy, Coll "Nays": None Absent: Noland The motion was declared final time. Lancaster, moved rules be further on third and final reading. The re- ier, Lancaster, Todd passed and the ordinance was read the third and 234.9 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster,' Todd "Nays". None Absent: Noland Tne Mayor declared the ordinance passed. ORDINANCE NO. 2266 APPEARS ON PAGE 157 CF ORDINANCE & RESOLUTION BOOK V 77A REQUEST FOR CITY PARTICIPATION IN SEWER EXTENSION - Orthopaedic Neurological Clinic / Joyce Drive Mr. Jim Vizzier was present to request that the City participate in the extension of a sewer line which would involve a trunk line for future service to the area in which the Orthopaedic Neurological Clinic is located. Mr. Vizzier stated that temporary facilities for sewage disposal at the clinic were becoming expensive and unfeasible. He said they would like to connect the clinic to an existing sewer line but that negotiations for acquisition of easements necessary to allow the connection had reached a standstill. Therefore, the City was being asked to participate in easement acquisition and legal costs. Vizzier said that, if the City decided to participate, the clinic would be willing to install an oversized line as requested by City officials. Director Purdy stated that members of the Board Water and Sewer Committee had discussed the matter and had concluded that the project would be in the City's best interest and deserved serious consideration City Manager Grimes stated he had suggested 50-50 participation in costs for acquisition of right-of-way with the clinic's share not to exceed $10,000. Director Todd indicated reluctance in approving the project before all possible costs were known. Mr. Vizzier informed that the cost of installing the sewer to the clinic would be approximately $30,000 with the oversizing costing a fraction of that amount. Grimes recommended de- ferment of action on cost until appraisals of easement acquisition were available. The City Attorney read a resolution authorizing condemnation proce- dures against property owned by Ellis and Dona Bogan. Director Purdy, seconded by Lancaster, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland RESOLUTION NO. 39-76 APPEARS ON PAGE 70 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION EXPRESSING INTENT TO CONTRACT SEWER SERVICES - City of Elkins The City of Elkins had requested an expression from the City of its intent to treat sewage from the City of Elkins on a cost -of- service basis. The City Manager stated that figures compiled by the City Engineer indicated that Elkins would contribute additional sewage equal to 2-1% of the City's treatment plant capacity. He recommended adoption of the resolution and assured the Board that the City of Elkins would be charged the full cost of treating the sewage. The City Attorney read a resolution expressing the City's intent to treat sewage received from the City of Elkins on a cost -of -service basis. Director Collier, seconded by Purdy, moved adoption of the resolution. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the resolution adopted. RESOLUTION NO. 40-76 APPEARS ON PAGE 71 OF ORDINANCE & RESOLUTION BOOK V 235 235.1 235.2 235.3 235.4 235.5 235.6 9„ ( r RESOLUTION AUTHORIZING CONTRACTS - Drake Field, Wilson Park, Walker Park 236.1 Proposed contracts for engineering services for projects scheduled for Drake Field, Wilson Park, and Walker Park were presented by Mr. Ep McClelland of McClelland Consulting Engineers. Mr. McClelland briefly discussed the contracts with the Board and cited certain changes which were required by federal funding agencies. He noted that comments had not yet been received from HUD concerning contracts for Community Develop- ment park projects and that approval of the contract for those projects would be contingent upon HUD's approval of the contract. 236.2 For benefit of the Board, the City Manager briefly outlined the extent of proposed projects for Drake Field which were estimated to cost $230,000. He stated that 90% participation was expected from the federal government on most of the projects. 236.3 Upon completion of discussion, the City Attorney read a resolution to approve the contracts and to authorize execution of the contracts. Director Collier, seconded by Todd, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Purdy, Noland The Mayor declared the resolution passed. RESOLUTION NO. 41-76 APPEARS ON PAGE 72 OF ORDINANCE & RESOLUTION BOOK V COMMUNITY DEVELOPMENT STREET AND SIDEWALK PROJECT REPORT - South Washington, Sixth Street, Stone Street 236.4 Community Development Administrator Charles Hoffman reported to the Board that it might be possible to obtain 50 feet of right-of-way for im- provements to South Washington Street. Hoffman's recommendation, however, was utilization of the existing 40 foot right-of-way and retention of 50 feet right-of-way between South Washington and Combs Avenue. 236.5 In regard to the Stone Street project (west of Sang Avenue), Hoffman informed he had contacted the school superintendent who indicated the school would participate in 50% of the cost but that the school could not afford the expense based upon the $26,000 estimated cost and therefore proposed to participate on a basis of 25% of the cost. 236.6 Hoffman reported he had solicited assistance in obtaining signatures on petitions for the donation of an additional six feet for easements to be used in the Sixth Street sidewalk project. He noted that he had not yet re- ceived a progress report 236.7 Director Hughes, seconded by Collier, moved that a 40 foot right-of-way be established for South Washington Street. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. 236.8 The Board then discussed the Stone Street project. Director Collier expressed reluctance to approve the project unless the school and property owners participated in the cost. Director Todd, seconded by Collier, moved that adjoining property owners be required to participate on a 50% basis for the cost of paving Stone Street west of Sang Avenue and a 50 foot 236 1 ,Jrf c)r6 right-of-way established. The recorded vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. ORDINANCE REQUIRING WHEELCHAIR RAMPS City Manager Grimes addressed the Board concerning a proposed ordinance 237.1 requiring installation of wheelchair ramps at all crosswalks replaced or con- structed in the future. Grimes did not feel the requirement should apply to all crosswalks in residential sections but that it should apply to cross- walks of collector and arterial streets and those located in commercial zones. The City Attorney read the proposed ordinance which included the City 237.2 d' Manager's recommendation. Director Collier, seconded by Lancaster, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd OM "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Purdy, moved rules be further suspended and 237.3 the ordinance placed on third and final reading. The recorded vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third time. Director Todd, seconded by Purdy, moved the ordinance be amended to re- 237.4 quire wheelchair ramps for all federally funded projects. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. The Mayor then asked if the ordinance should pass as amended. The recorded 237.5 roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The Mayor declared the ordinance as amended passed. ORDINANCE NO. 2267 APPEARS ON PAGE 158 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS Bid 317 - Underground Piercing Tool/W & S Department: City Purchasing Officer Sturman Mackey recommended award of thepid for one underground piercing tool be made to Rushing and Mason Company of Little Rock, the only bidder, in the amount of $5,792.72. Mackey reported thatthe tool would be utilized in boring under streets. Director Hughes, seconded by Todd, moved the recommendation be accepted. The recorded roll call vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland The motion was declared passed. 237 237.6 238.1 Bid 330 - Crew Cab Pickup/Street Department: Purchasing Officer Sturman Mackey recommended award of bid for one crew cab pickup to Lewis Ford in the amount of $5,503.05 and the award of bid to Whit Chevrolet for two, % ton pickup trucks in the amount of $4,327.89 each. Following discussion during which Board members questioned purchase of optional equipment for the pickups, Director Lancaster, seconded by Director Purdy, moved to award the bid as recom- mended with the deletion of the optional tinted windshields. The recorded vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster "Nays": Todd Absent: Hughes, Noland The motion was declared passed. OTHER BUSINESS 238.2 The City Attorney advised that an ordinance was required to ratify the action of an agent of the City Manager who authorized the abatement of property conditions at 1717 Stirman. He said he had drafted a proposed ordinance to ratify the action and to also exercise a lien on the property. He then read the ordinance the first time. 238.3 Director Purdy, seconded by Collier, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Hughes, Noland The motion was declared passed and the ordinance was read the second time. 238.4 Director Collier, seconded by Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Hughes, Noland The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd "Nays": None Absent: Noland, Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2268 APPEARS ON PAGE 159 OF ORDINANCE & RESOLUTION BOOK V SPECIAL CENSUS 238.5 The City Manager reported that the Special Census would begin September 8 and that the University of Arkansas would be canvassed first. Offices for the census officials would be in the Old Post Office building. ADJOURNMENT 238.6 There being no further business, the Mayor declared the meeting adjourned. ATTEST: APPROVED: 21A31AN?/ 077?)/1- Darlene 7 „.Darlene Westbrook, City Clerk Marion R. Orton, Mayor 238 1 1