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HomeMy WebLinkAbout1978-05-02 Minutes1 233 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS May 2, 1978 The Fayetteville City Board of Directors met in regular session on May 2, 1978, 7:30 p.m., in the Directors Room of the City Administration Building. PRESENT: Directors Ernest Lancaster, John. Todd, Al Hughes, Phil Colwell, and Ann Henry (arriving at 7:45 p.m.); City Attorney Jim McCord, City Clerk Darlene Westbrook, and Administrative Assistant David'McWethy. ABSENT: Directors Paul Noland and David Malone, City Manager Don Grimes CALL TO ORDER The meeting was called to order by 'Mayor Ernest Lancaster. Following a moment 233.1 of respectful silence and roll call, the Mayor called for consideration of the first item of business. ORDINANCE REZONING PROPERTY - R78-11 / North East Avenue / Garland Melton, petitioner The petitioner had requested rezoning of a .172 acre parcel, located on the 233.2 west side of North East Avenue, south of West Dickson Street, from R-0 Residential Office to C-2 Thoroughfare Commercial. The City Attorney read an ordinance to rezone the property as requested and as recommended by the Planning Commission. He informed the Board that the petitioner had executed a bill of assurance that the property would be used either for a bridal shop or for a purpose that is a use -by -right under the R-0 zoning classification. McCord explained that when a property owner offers, and subsequently executes, a bill of assurance, the property owner is bound by that assurance and the assurance runs with the land. He said it is undecided as to whether a bill of assurance could be legally binding if the City required it as a condition for rezoning. (The following action was taken following Director Henry's arrival) Director Hughes, seconded by Colwell, moved rules be suspended and the ordi- 233.3 nance placed on second reading. The recorded vote was: Ayes: Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Noland, Malone The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Colwell, moved rules be further suspended and the 233.4 ordinance placed on third and final Ayes: Hughes, Lancaster, Colwell, Nays: None Absent: Noland, Malone The motion was declared passed and There being no discussion nor if the ordinance should pass. The Ayes: Hughes, Lancaster, Colwell, Nays: None Absent: Noland, Malone The ordinance was declared passed. ORDINANCE N0. 2439 APPEARS ON PAGE reading. The recorded vote was: Henry, Todd the ordinance was read the third and final time. comments from the audience, the Mayor asked recorded vote was: Henry, Todd 69 OF ORDINANCE & RESOLUTION BOOK VI 233 233.5 J 5/2/78 234 ORDINANCE REZONING PROPERTY - R78-12 / West Dickson Street / McClinton Investment 234.1 The City Attorney read for the first time an ordinance to rezone a .93 acre parcel, located on the south side of West Dickson Street between North East Avenue and North Block Avenue, from R-0 Residential Office to C-2 Thoroughfare Commercial. 234.2 Director Todd expressed concern that future property owners might make a use of the property allowed under the C-2 classification which would be incompatible with existing uses. Attorney Kenneth Mourton, representing the petitioner, stated that the petitioner is not planning anything for the area that would damage existing church facilities. He said the C-2 classification would bring into conformance setback of existing offices to the west and it would allow parking facilities. He said the C-2 would allow the petitioners to place small shopping facilities at the location if they so choose at a future date. 234.3 Director Todd felt the Board had an obligation to consider future impact of the rezoning -- particularly the uses which a future property owner could make of the property. Dr. Garland Melton said the property would remain in the ownership of the McClinton family for several more years and that the property would be developed by the McClinton family. 234.4 The ordinance was left on first reading. DRAKE FIELD TERMINAL PLANS 234.5 Architect Paul Young was to have made presentation of final plans for the Drake Field Terminal building. Mayor Lancaster asked that consideration of the plans be delayed until next meeting when all directors were expected to be present. If necessary, he said a special session could be called to consider the plans. 234.6 Director Hughes requested the directors be provided with information regarding the final plans prior to the meeting. He did not favor waiting until the meeting to receive the plan drawings since the directors would not have had sufficient time in which to digest the information or formulate suggestions. PARKING FACILITIES 234.7 Director Malone was to have presented a recommendation for retaining services of a parking consultant to formulate recommendations regarding provision of parking facilities in conjunction with the Continuing Education Center development. Due to the absence of Director Malone, the Mayor requested the matter be considered at the next meeting. PROPERTY SALE - Oklahoma Way 234.8 The City Manager had recommended the City sell its old tank site at the inter- section of Oklahoma Way and Texas Way, south of Lot 51 Methodist Assembly plat and an 18 foot strip immediately adjacent to Lot 51. Director Todd, seconded by Colwell, moved the City advertise for the invitation of bids for the sale of the property. The recorded vote was: Ayes: Hughes, Lancaster, Colwell, Todd Nays: None Absent: Malone, Henry, Noland The motion was declared passed. 234 1 1 5/2/78 235 AWARD OF BIDS BID 365 / Tractors Purchasing Officer Sturman Mackey recommended award of bid for a small tractor 235.1 with 60 -inch rotary mower to Raymo, Inc., in the amount of $4,038.89; and to Scott Equipment Company in the amount of $15,918.88 for one 50HP tractor with roadside maintainer. The rotary mower tractor would be for use by parks and recreation and the larger tractor with roadside maintainer would be used by the Buildings and Grounds department. Mackey told the Board that funds for the purchases were budgeted in the 1978 Revenue Sharing Budget. (Director Henry arrives at 7:45 p.m.) Mackey discussed with the Board the poor response received from the invitations 235.2 N for bids. He said he would, if the Board desired, reinvite the bids in order to ob- 0') tain more competitive bids. He said better response had been received during bids 11) for the same equipment last year. The Board requested Mackey to informally contact each bidder who had not responded to the invitation and question why they chose not Cr to submit a bid. Director Hughes, seconded by Todd, moved the bids be awarded as recommended. 235.3 The recorded vote was: Ayes: Hughes, Lancaster, Todd Nays: Colwell Abstain: Henry The motion was declared passed. 1 WATER LINE IMPROVEMENTS - College to Mission / Rebecca to Spring City Engineer Don Bunn reported the City had received one bid for water line reinforcement in an area east of College and north of Lafayette,with replacement of 4 -inch (and smaller) water lines. He said fittings and SB2 increased the base bid of $70,990.10 to $78,220 for a total cost that exceeded the engineer's estimates by $10,000. He recommended award of the bid to Jerry Sweetser Construction, the only bidder. He felt the nature of the project, i.e., going into an old section of town where conditions of the lines are unkown, probably discouraged other companies which could have bid. Also, he said some contractors were not eligible to bid since they were not licensed or bonded. He said the improvements would service approximately 15 square blocks. 235.4 APPROPRIATION OF FUNDS - Employee Picnic and Awards Personnel Officer Sturman Mackey, in behalf of the City Manager, requested 235.5 the Board appropriate a maximum of $3,500 to meet expenses of an employee picnic and service awards and pins. He said the picnic is tentatively scheduled for May 21. Since the funds for a picnic had not been included in the 1978 budget, he recommended the appropriation come from the General Revenue Surplus. Food for the picnic would cost approximately $2,500 and service pins and awards approximately $1,000. Director Hughes, seconded by Colwell, moved approval of the appropriation. The 235.6 recorded vote was: Ayes: Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone, Noland The motion was declared passed. 235 236 APPROPRIATION OF REVENUE SHARING FUNDS 236.1 Purchasing Officer Sturman Mackey informed that the Board had failed to speci- fically approve appropriation for Board room chairs purchased in 1977. He said the official minutes did not reflect an appropriation and requested the Board approve the appropriation of $1,802.64 from 1977 Revenue Sharing Account 7717 and of $530.31 from Revenue Sharing Account 7716. He said the funds were excess funds from purchase of buildings and grounds equipment. 236.2 Director Hughes, seconded by Colwell, moved the appropriations be made as recommended. The recorded vote was: Ayes: Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone, Noland The motion was declared passed. OTHER BUSINESS STUBBLEFIELD ROAD SEWER EXTENSION 236.3 Mayor Lancaster reported that the Water and Sewer Committee had met and dis- cussed extension of sewer services from Old Missouri Road west on Stubblefield Road to serve one new residence. City Engineer Don Bunn reported that the property owner was willing to pay $1,800 towards total installation costs of approximately $6,800. Although the property ower would be the only customer initially, Bunn said the line could be extended at a future date to serve five additional homes as well as 40 un- developed acres. 236.4 Director Hughes favored extending the line to the other homes at the time the line is extended to the new residence. Hughes felt making the entire extension at the same time would result in more efficient use of labor and equipment. He was of the opinion that the water and sewer department could afford the complete extension since it was not in any financial binds. 236.5 Bunn said he would not object to making the entire extension now but said it would add another $10,000 to the project. He said plans were that the work would be done with City crews. He said property owners are usually reluctant to commit their personal funds to a project ofthis nature when it is likely the extension would eventually be made by the City. Mayor Lancaster said the Water and Sewer Committee had recommended that Bunn study the area and return at budget time with a recommenda- tion regarding further extension to serve the additional residences. 236.6 Director Todd believed the Board should consider serving the existing homes as well as the new development. He said it seemed that the City would be expending $5,000 just for one new home. The Board delayed further consideration in order to allow the City Engineer to prepare estimates for the complete extension. Mayor Lancaster requested that Bunn also report to the Board the ownership of properties along each side of the road. SCHEDULE SKYWAYS 236.7 Administrative Assistant David McWethy informed the Board that Schedule Skyways requested permission to construct a counter at the terminal building (at their expense) along the east side of the northern half of the terminal building. He said they are willing to pay for the additional square footage at the current rate. Although III several seats would be displaced, McWethy was of the opinion that the relocation of the counter would help alleviate congestion. He said the proposal meets with the City Manager's approval. 236 5/2/78 237 Director Hughes moved to approve the request. The motion was seconded by 237.1 Director Colwell and the recorded vote was: Ayes: Hughes, Lancaster, Colwell, Henry, Todd Nays: None Absent: Malone, Noland The motion was declared passed. SALES TAX ELECTION The City Attorney informed the Board of the recent opinion rendered by 237.2 Washington County Prosecuting Attorney Mahlon Gibson to the Washington County Election Commission in which he stated his opinion that there is nothing illegal about having (V a special election on the same date as the primary election. Unless the Board de- co sired to take an ultra -conservative stand, McCord said he could see no illegality in having the sales tax question on the primary ballot so long as no voters (particularly third party and independents) are disenfrachised. He said he had discussed the U issue with two members of the Election Commission and that he concurred with Gibson's Q opinion. Although he was not aware whether the Springdale City Council had received the opinion, McCord said he was aware that the Springdale City Attorney also agreed with the opinion. McCord spoke with the Board about the various procedures which could be followed 237.3 to present the question to primary, independent, third -party, and absentee voters. He said the least expensive manner in which to present the question would be to have a separate polling location for the third -party and independent voters. He said it would be essential that all voters be educated about which polling place to report to. Director Todd said he could not see that the City would be creating any in- 237.4 equities if the City took measures to assure that no voter would be disenfranchised. APPROVAL OF MINUTES Director Todd requested that minutes of the April 18, 1978 meeting be amended to reflect, in paragraph 228.1, that Director Malone introduced the resolution. He also requested the City Clerk to check the validity of the last sentence of paragraph 228.1. He suggested the sentence be striken if the records reflect that it was reported in error. 237.5 ADJOURNMENT There being no further business for the Board's consideration, the Mayor de- 237.6 clared the meeting adjourned. ATTEST: p` 7t rt-21 arlene Westbrook, City Clerk APPROVED Ernest E. Lancaster, Mayor 237