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HomeMy WebLinkAbout1971-08-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS August 2, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, August 2, 1971, in the Directors Room of the City Admini- stration Building at 7:30 P.M. Present: City Manager Wesley M. Howe, City Clerk LoVetta Moore, City Attorney David Malone, and Directors Orton, Purdy, Starr, Lancaster, Utley and Stanton. Absent: Director McFerran. Others Present: Representatives of the City Administration and the Press. The minutes of the last regular meeting on July 19, 1971, copies of which had previously been mailed to each of the Directors, were approved. Mayor Starr acknowledged the receipt of petitions bearing 219 signatures opposing the rezoning petition by the Red Arrow Land Company, Inc. to rezone a tract of land from R-1 to R-2. City Manager Howe stated that Walter Niblock, Attorney, representing Red Arrow Land Company, could not be present at this meeting and had requested that this issue be continued for 60 days. The Board heard from Paul Long, Loye Elliott and Dr. B. M. Gardner, residents in the area and signers of the petition opposing the rezoning. Mr. Long stated that the petition had been signed by 80% of the property owners along Buckner -Braden Road. Paul Mattke, Water & Sewer Superintendent, stated that the area to be rezoned would have to have public sewer installed. Mr. Howe stated the developers have agreed to install the sewer facilities for the development. He agreed that the area should be sewered before any development takes place. The developer would pay for the materials and part of the right-of-way and the City would pay for installing it and for part of the right-of-way. Following discussion by the Board, Director Lancaster moved that the proposed Ordinance be tabled for the requested 60 -day period. The motion was seconded by Director Stanton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, Starr, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. Some of the Rezonings on the Agenda were recommended by the Planning Commission and due to the fact that several of them were similar or related to each other, it was decided to discuss these later in the meeting. Mayor Starr read a Resolution from the Planning Commission requesting a re- consideration by the Board of the rezoning petition of James F. and Billye A. Fletcher. Said rezoning petition failed to pass at the last meeting. Director Orton raised the question: "Isn't it a dead issue as it now stands?" City Attorney Malone stated that for reconsideration of rezoning petitions once defeated, notice must be published giving notice to the property owners that the rezoning is being reconsidered, there must be a public hearing, and there must be some changed circumstances indicated for the use of the property. Otherwise, it should not be reconsidered within one year. If the property owners do not wish to follow this outline, then they should appeal it to the Circuit Court. Mr. Malone stated he did not believe that legally the Board should consider this petition again in its present form. 239 1-239 2-239 Al Donaubauer, a member of the Planning Commission, spoke as an individual and without instructions from the Planning Commission and stated that it seems only appropriate to have further discussion by the Planning Commission on this matter and commented that he would like to have the benefit of talking to one of the principals involved as to his intention (namely Mr. Oldham). Mr. Donaubauer stated that Mr. Oldham has never appeared before the Planning Commission and that under the circumstances, if it is this Board's wish to refer the matter back to the Planning Commission, that Mr. Oldham should be invited to be present. Dr. Mashburn, another member of the Planning Commission, also spoke. Marshall Carlisle spoke in support of the Fletchers and stated that he felt very strongly that something should be done to resolve this problem. Director Lancaster stated that the Board had resolved the issue at the last meeting when it rejected the rezoning. Director Purdy said his preference would be that we consider this a dead issue but if the Planning Commission wants to bring it back under the conditions Mr. Malone outlined, well and good. Director Lancaster stated that if the matter goes back to the Planning Commission they could recommend that the C-1 zoning be broadened to include Retail Furniture Stores. Director Utley said that since their interest is in getting a furniture store at this location, if this type of store can be included in C-1 zoning then this is the procedure to follow. Director Stanton stated if this matter could be handled this way, he would be in favor of getting a notice published in the newspaper as soon as possible and get it before the Planning Commission. City Attorney Malone stated all it would take was a recommendation from one member of the Board to get the ball rolling. With this understanding, Director Utley recommended that the Board direct the City Attorney to draw up the paper work to include a retail furniture store in C-1 zoning and that a notice be published in the newspaper as soon as possible setting a public hearing before the Planning Commission on 15 days notice, and that the Planning Commission and this Board hold special meetings and take action on this matter by August 19, the deadline (as stated by Mr. Elvie Heiney, Realtor). Following this recommendation, no vote was taken. Mayor Starr stated "So be it." 1-240 The Trans -Video request for a rate increase was the next item of business. Lynn Wade, Attorney; Ed DeMarco, Vice President of System Operations; and Harold "Rip" Lindsey, Manager of Trans -Video, were present and answered questions. Director Purdy asked some questions concerning the financial statement received by the Board. He stated that he was disappointed that the statement was not accompanied by a Certified Public Accountant's certificate. Mayor Starr stated he wanted some guarantee that this system will be rebuilt. Mr. Lindsey stated "Over the next five years we plan to rebuild the entire system and we intend to replace everything. It will cost something like one-half million dollars to rebuild the entire system and that is what is anticipated in the next five years." A member of the audience questioned the Trans -Video representatives on capital investment. Mr. Wade stated the proposed Ordinance was very comprehensive and they had studied it and approved of it. 240 The City Attorney read, at the Mayor's request, the proposed Ordinance in its ' entirety,entitled: AN ORDINANCE GRANTING A FRANCHISE TO THE TELEVISION COMMU- NICATIONS CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. Director Utley raised questions concerning the 2% return. He felt the Board should require something to verify the gross receipts on which the 2% is based. The wording "An annual summary report certified correct by an independent certified public accounting firm" was inserted as an amendment. The franchise tax was discussed. The Board also discussed the provision in the proposed Ordinance providing that the Board can look at their books at any time. Several of the Directors expressed a desire to set up the franchise tax like the other utility companies. At this time, the City Attorney and Mr. Wade left the room to look up franchise Ordinances pertaining to the other utility companies. City Manager Howe, at the Mayor's request, read a proposed Ordinance in its 1-241 entirety entitled "AN ORDINANCE AMENDING SECTION 9-9.1 AND SECTION 9-27 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO LIMIT THE DATES OF SALE OF FIREWORKS AND TO PROHIBIT THE FIRING OF FIREWORKS DURING CERTAIN HOURS. The Board heard members of the audience favoring this type of Ordinance and also favoring the outlawing of fireworks within the City.. Director Purdy stated that he was still of the opinion that fireworks should be barred within the City limits. The Ordinance, as prepared, limited the sale of fireworks to July 1-5, and the explosion of fireworks to July 2-5. Following discussion by the Board, Director Lancaster moved that the dates for explosion be amended to July 1-5. The motion was seconded by Director Utley and upon roll call the following vote was recorded: "Aye", Orton, Starr, Lancaster, Utley and Stanton. "Nay", Purdy. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. Director Lancaster moved that the rules be suspended and the Ordinance, as amended, be placed on second reading. The motion was seconded by Director Utley and upon roll call the following vote was recorded: "Aye", Orton, Starr, Lancaster, Utley and Stanton. "Nay", Purdy. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. The Ordinance was then read for the second time. Director Lancaster moved that the rules be further suspended and the Ordinance, as amended, be placed on third and final reading. The motion was seconded by Director Utley and upon roll call the following vote was recorded: "Aye", Orton, Starr, Lancaster, Utley and Stanton. "Nay", Purdy. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Starr, Lancaster, Utley and Stanton. "Nay", Purdy. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed. *Ordinance No. 1807 is on Pages 114-115 of Ordinance and Resolution Book 2. 241 1-242 City Manager Howe reported that a Petition has been received from residents of Hollywood Avenue south of Highway 62 West to cause to be constructed ' a public sanitary sewer in the area. Mr. Howe stated that this project is being planned and budgeted for, as reflected in the proposed Water $ Sewer Budget to be considered at this meeting. 2-242 City Manager Howe recommended the appointment of Cy Carney, III to serve on the Community Appearance Committee to fill the vacancy of Jeff Scherer, Mr. Carney is a student and the Committee had requested that another student be appointed to this Committee. With the approval of the Board, the Mayor appointed Mr. Carney to the Committee to fill the vacancy of Jeff Scherer, 3-242 City Manager Howe reviewed the proposed Water and Sewer Budget for the fiscal year ending July 31, 1972. Paul Mattke, Water and Sewer Superintendent, answered questions. 4-242 The rezoning appeals of James W. Holder and David Harner were tabled at the request of both parties. 5-242 The Board discussed the rezoning recommendations from the Planning Commission listed under Item 8 on the agenda. Several of the Board members felt that a better system of informing property owners of rezoning should be initiated and due to the fact that some property owners were present at the meeting and did not understand why their property was being considered for rezoning, the Board tabled the rezoning of Tracts 4 and 6 under Item 8. The Board did consider Tract 02 North of Spring Street on the West side of , College Avenue and Tract #3 North of Spring Street on the East side of College Avenue, both to be rezoned from R-0 to C-2. The City Attorney read a proposed Ordinance in its entirety to accomplish the rezoning of Tract #2. The Ordinance was entitled: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM R-0, RESIDENTIAL OFFICE DISTRICT, TO C-2, THOROUGHFARE COMMERCIAL DISTRICT. Director Stanton moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Lancaster. Upon roll call Directors Orton and Purdy voted "Nay" and this defeated the motion. Both Tracts #2 and #3 were then tabled. 6-242 The Board again discussed the proposed Trans -Video rate increase Ordinance., The Trans -Video representatives had suggested putting a limit of 4% on the rate of return for the life of the contract. The term "pass it on" was dis- cussed. Following a lengthy discussion by the Board, it was agreed to take out the limit and word it to read "that any franchise tax in excess of 2% may be passed on directly to the user at the sole option of the Company." After satisfying the Board and the Trans -Video representatives as to the wording of the amendments to the Ordinance, Director Purdy moved that the amendments to the Ordinance be approved. The motion was seconded by Director Lancaster, and upon roll call passed unanimously. Director Purdy moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Orton, and upon roll call passed unanimously. The Ordinance was then read for the second time. 242 Director Lancaster moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Purdy, and upon roll call passed unanimously. The Ordinance was then read for the third and final time. The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, Starr, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. Director Purdy moved that Schedule A, containing the rates to be charged, be attached to the Ordinance and become a part thereof. The motion was seconded by Director Lancaster, and upon roll call passed unanimously. *Ordinance No. 1808 is on Pages 116-12S of Ordinance and Resolution Book 2. City Manager Howe asked the Board what action they wished to take on the proposed 1-243 Water €, Sewer Budget. In response to the Board's hesitation over a few items in the Budget, Mr. Howe explained that the Budget could be amended at a later date and that the Water and Sewer fiscal year had ended July 31, 1971. Director Starr moved that the Water and Sewer Budget be approved. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, Starr, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 2-243 the Mayor and City Clerk to execute certain Rights -of -Way to Southwestern Electric Power Company to permit them to run a power line across part of the Industrial Park property and along the Eastern edge of the Lake Fayetteville property. Director Stanton moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, Starr, Lancaster, Utley and Stanton. "Nay", None. There being six "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 52-71 is on Page 111 of Ordinance and Resolution Book 2. There being no further business, Director Purdy moved to adjourn.a motion was seconded by Director Stanton and passed unanimously, whereup the Mayor declared the meeting adjourned. ATTEST: C/)Ui1cm Awo LoVetta Moore, City Clerk 243