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HomeMy WebLinkAbout1973-02-06 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS FEBRUARY 6, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, February 6, 1973 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald L. Grimes; Purchasing, Personnel and Budget Officer Sturman Mackey; Administrative Aide David McWethy; City Attorney David Malone; City Clerk Helen Young; and Directors Orton, Utrey, Murray, Carlson and Stanton. Directors Absent: Purdy and Noland. Others Present: Representatives of the news media. Assistant Mayor Orton called the meeting to order. Minutes of the January 16, 1973 meeting had been distributed to the Board members prior to the meeting. 'Assistant Mayor Orton requested that paragraph two of page 133 be amended to correctly state the motion as follows: ". . . that the City Manager be asked to negotiate with the University with regards to a contract with the University of Arkansas for hauling trash on City streets." It was the will of the Board to so amend the minutes. There being no other additions or corrections, the minutes of the January 16, 1973 meeting were approved as amended. Director Utley requested that action be deferred on Agenda Items 3, 4 and 5 until a report from the Board Committee on Memberships is available. It was the will of the Board to table those items pending a report from the Board Committee on Memberships. City Attorney Malone presentednto Board members a copy of a possible ordinance to establish a moratorium on building permits to take effect when a proposed rezoning petition or a rezoning study first appears on the Planning Commission agenda. Mr. Malone explained that the proposed ordinance would be reviewed by the Planning Commission and the Planning Commission would then make a recommendation to the Board of Directors concerning the proposed ordinance. Director Carlson suggested that the proposed ordinance should not only include establishing a moratorium on building permits, but also on applications for signs and variances. The matter was referred to the Planning Commission for study. City Attorney Malone presented a memorandum regarding the three alternative drafts for an "obscene movie" ordinance. Mr. Malone stated that Draft No. 1, while not as explicit as Drafts No. 2 and 3, would apply most directly to the problems raised by Mr. Garner at the December 19, 1972 meeting. Mr. Malone added that Section 2 o,f.Draft No. 1 could be eliminated if the Board chose. Section 2 would make the exhibition of obscene movies unlawful in indoor as well as outdoor theatres. The City Attorney stated however that ". . . I know of no movie shown in a local theatre in recent years that would be classified as 'obscene' under U. S. Supreme Court standards. I believe Section 2 should remain in the Ordinance to eliminate the necessity for hasty future legislation, should a theatre be opened or converted for the purpose of showing movies that would be classified as 'obscene' under U. S. Supreme Court standards." City Attorney Malone also pointed out that Section 2 of Draft No. 1 would not apply to libraries or art exhibitions. 137 City Manager Grimes commented that people who go to an indoor theatre know what they are going to see and that is their business. Director Stanton concurred with City Manager Grimes and added that indoor theatres do have age limitations. Director Carlson stated that she felt the purpose of the proposed Ordinance should be to prohibit outdoor movies of a distractive nature - obscene or not. Director Carlson added that the Ordinance should make the exhibition of movies of a distractive nature unlawful not only from a public street or highway, but also if visible from any road, dwelling place, hotel, motel or restaurant, Mrs. Carlson said that having a movie is as distractive as a sign and the City has classified moving signs as a nuisance. Director Utley commented that he felt Draft No. 1 conforms to the original intentions of the Board. A representative of the news media asked why a drive-in theatre screen must be visible from the highway if not for advertisement. A representative of a local drive-in theatre answered that drive-ins are situated different ways depending on terrain. City Attorney Malone stated that Section 2 may cause some problems if movies of a questionable nature are shown. He stated that the matter of whether or not a movie is "obscene" is frequently disputed. Mr. Malone said that by eliminating Sections 1 and 2, the City would be eliminating some problems since Sections 1 and 2 might be difficult to enforce. Director Orton asked if "main or primary material" could be deleted in Section 3. City Attorney Malone answered that it could, but added that the amendment might make unlawful the exhibition of almost all current pictures. City Attorney Malone read the proposed Ordinance entitled, "AN ORDINANCE PROHIBITING THE SHOWING OF OBSCENE MOVIES IN THE CITY OF FAYETTEVILLE, ARKANSAS; DEFINING THE TERM 'OBSCENE'; TO PROTECT CHILDREN IN PUBLIC STREETS AND HIGHWAYS FROM VIEWING MOTION PICTURES, SLIDES AND OTHER EXHIBITS NOT SUITABLE FOR VIEWING BY CHILDREN; TO PREVENT TRAFFIC HAZARDS; PROVIDING FOR A PENALTY FOR VIOLATION HEREOF; PROVIDING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE HEREOF." Assistant Mayor Orton asked whether the penalty prescribed by the proposed Ordinance would be for each day of violation. The City Attorney answered that it would be and that the Ordinance could be made more specific. A representative of the news media asked whether the proposed Ordinance was not intended to apply to only commercial motion picture theatres. The City Attorney stated that the word "commercial" could be inserted in Section 3. Director Carlson moved the rules be suspended and the Ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed Ordinance a second time. Director Murray moved to delete Sections 1 and 2 of the proposed Ordinance. Assistant Mayor Orton seconded the motion. City Manager Grimes commented that if Section 2 is left in the Ordinance, only the courts will be able to say if a movie is obscene or not. Upon roll call vote on motion to delete Sections 1 and 2 of the proposed Ordinance, the following vote was recorded: "Ayes" Orton, Murray, Carlson and Stanton. "Nays" Utley. The motion carried. 138 1 RIR r Director Stanton moved the rules be further suspended and the Ordinance be placed on third and final reading. Director Murray seconded the motion. Upon roll call the following vote was recorded< "Ayes" Orton, Murray, Carlson and Stanton. "Nays" Utley. The motion did not pass. The City Attorney announced that the proposed Ordinance as amended will be read the third and final time at the next regular meeting of the Board. City Attorney Malone presented a memorandum regarding appointments to the Housing Authority and other City boards and commissions. Mr. Malone stated that "...I see no legal impediment to the continued use of the Board Nominating Committee to make nominations for appointments to fill vacancies on boards and commissions. This should not, however, inhibit any board member from making a nomination of his or her own choosing, even if this nomination differs from the one suggested by the Board Nominating Committee. After all nominations are received, the Board should proceed to vote on the nominees with the position being filled by a majority vote." Director Stanton announced that the Board Nominating Committee will have a nomination at the next regular meeting of the Board for a member of the Housing Authority to fill the position vacated by Mr. Hal 'Douglas. The Board Nominating Committee asked that persons wishing to recommend persons for the Nominating Committee's consideration in nominating a member fortthe Housing Authority call the City Clerk's office before Friday, February 9th at 5:00 P.M. John Combs was present at the meeting to ask the Board to proclaim the week of February 12 - 16 as "Help Managua Nicaragua Week". City Attorney Malone read a proposed proclamation. Mr. Combs said that sufficient clothing has been made available at this time and cash donations at the local banks would be preferred. The proclamation was amended to read "cash" rather than "clothing". Director Utley moved to acdept the proclamation. Director Murray seconded the motion. Upon roll call the motion passed unanimously. City Mhnager Grimes presented street light requests for additional lighting at by-pass intersections. The cost of the additional lighting was not specifically mentioned in the 1972-73 Budget; however, the budget will not have to be increased to cover the expenditures. The City Manager stated that the Arkansas State Highway Department and the TOPICS Committee feel the additional lighting at the intersections is warranted. Director Carlson moved to authorize the expenditure of $3,426.09 for additional lighting at by-pass intersections. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. City Manager Grimes presented a bid tabulation for an asphalt paving machine and made the following recommendations as contained in Administrative Memorandum #252: 1. That the Board reject the bid of Little Rock Road Machinery Company in that the equipment bid (Pioneer) does not meetispecifications as to engine horse- power, screed vibrating tampers rpm, and dual'feed conveyors. 2. That the bid of Mitchell Machinery Company of Fort Smith, Arkansas be accepted and awarded in the base bid amount of $40,000 }because of the inability of R. A. Young and Son (the low bidder meeting specifications) to deliver the equipment bid in a reasonable period of time to contribute to the 1972 paving program. 139 3. That the 1972 Revenue Sharing Budget be amended to appropriate an additional $5,000 for the purchase of the asphalt paving machine. Clayton Powell, Street Superintendent, was present at the meeting to answer questions of the Board members. City Attorney Malone read a proposed resolution to amend the 1972 Revenue Sharing Budget, allocating an additional $5,000 for the purthase of an asphalt paving machine, as per City Manager's recommendations. Director Carlson moved the resolution be adopted. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Utley, Murray, Carlson and Stanton. "Nays" None. There being five "Ayes" and no "Nays" the resolution was adopted. *Resolution No. 10-73 appears on page 106 of Ordinance and Resolution Book 3. City Manager Grimes announced a joint meeting of the City Board of Directors and the Housing Authority at 7:30 P.M., February 14, 1973. Assistant Mayor Orton, in answer to question from the audience, said this meeting will be a public meeting. City Manager Grimes suggested that Fayetteville submit a joint Annual Arrangements Application with Springdale. Mr. Grimes said HUD officials feel a joint application would be stronger than individual applications since HUD likes to think in terms of larger boundaries, Director Stanton moved the City Manager be directed to investigate the possibility of filing a joint Annual Arrangements Application with Springdale and that the City Manager be further directed to prepare the Annual Arrangements Application to submit to the Board of Directors for approval. Director Murray seconded the motion which passed unanimously. City Attorney Malone read a proposed resolution to authorize the condemnation of a sewer line easement on Township Road. City Manager Grimes explained that the City Engineer has been unable to locate the property owner, Thelma Clark Keith. Director Carlson moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Utley, Murray, Carlson and Stanton. "Nays" None. There being five "Ayes" and no "Nays" the resolution was adopted. *Resolution No. 11-73 appears on page 107 of Ordinance and Resolution Book 3. Attached to the agenda was a copy of letter from Oliver W. Ostmeyer requesting that his rezoning petition to rezone property located at 701 North College from R-0 to C-2 be reconsidered. City Attorney Malone explained that rehearings should not be allowed unless the Board feels there are changed circumstances since the original hearing. Mr. Malone advised the Board to make a determination that circumstances have changed before proceeding with the hearing. Director Carlson stated that since the State Statutes do provide for rehearings and since Mr. Ostmeyer has asked for reconsideration, another hearing should be given. Director Stanton stated that Mr. Ostmeyer and others should present a new rezoning petition to the Planning Commission requesting rezoning for the entire block, as suggested by several individual Board members at the original hearing on December 19, 1972. 140 1 • L Director Utley said he felt the Board should consider the merits of Mr. Ostmeyer's request and deal=with them but he feared the Board would be estab- lishing a:precedent which might cause all other petitions which were denied before January 1, 1973 to be reconsidered. Director Utley pointed out that the last paragraph of Mr. Ostmeyer's letter shows compliance with a suggestion made at the original hearing that Mr. Ostmeyer file a joint petition for rezoning with the owners of the motel south of Mr. Ostmeyer's property. Director Carlson moved that Mr. Ostmeyer's rezoning petition be reconsidered. Assistant Mayor Orton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Carlson. "Nays" Orton, Utley, Murray and Stanton. The motion did not pass. Attached to the agenda was a letter from W. G. Brandon, chairman of the Industrial Park Committee, recommending that the City enter into a lease agreement with the Babe Ruth officials for use of a tract of land (Area 9 on the Industrial Park re -plat) in the flood plain at the Industrial Park for a baseball field. Carl Strange, president of the Fayetteville Little League and Junior Baseball Leagues, was present at the meeting to ask the Board's approval to allow excavation to begin so the baseball park could be ready for use for the next season. Director Murray moved the City Attorney be authorized to prepare a lease agreement to permit the use of Area 9 in the Industrial Park for recreational purposes. Director Stanton seconded the motion which passed unanimously. Director Carlson presented findings of fact as a result of study on renting 13 parking spaces from the Chamber of Commerce and made the following recommendations: 1. That the City reassign the six spaces to the rear of City Hall to the City Manager and City vehicles which for security reasons should be in the alley close to 24-hour scrutiny of the Police Department. 2. That the City pay $750 per year toward the purchase of Lot 1 and assign one row of 15 parking spaces to sub -rental by City employees. 3. That the City Attorney, in conjunction with the Comptroller, revise Code of Ordinances Section 19-185 to correct the legal descriptions, to indicate the lots by their assigned lot numbers, and to include Lot No. 5. 4. That the new parking meter manager prepare a workable plan to include amendments to City ordinances as necessary, to provide for levying, collecting and enforcing parking fines; to include the adjustment df all parking meters to again accommodate pennies; and to increase his surveil- lance of parking infractions. Recommend this plan be submitted through the City Manager to the Board of Directors for any ordinance revisions that may be required by the 20th of March, 1973. Director Carlson stated that she had consulted with the Parking Authority concerning the study. The duties of the Parking Authority are to buy, acquire and erect parking facilities, not to manage existing parking facilities, she said. The chairman of the Parking Authority has no plans for Lot No. 1, Mrs. Carlson reported. Director Utley suggested that the City Manager check with the Parking Authority and the Downtown Merchants representatives to get their reactions before acting on this matter. The matter will be considered at the next regular meeting of the Board to allow the Board members a chance to review the study. 141 Also attached to the agenda was a report on the survey of taxicab service, including recommendations. City Attorney Malone stated that he has written a letter to Yellow Cab Company pointing out the specific violations noted in the report and added that he will talk with the Chief of Police about enforcing the present taxicab ordinance. City Attorney Malone advised that the taxicab survey report should be placed on the agenda for the next regular meeting of the Board. Mr. Malone stated that he will prepare a proposed rate structure ordinance for taxicabs which can be considered at the next regular Board meeting. It was the will of the Board that taxicab ordinance revisions be considered at the next regular Board meeting and applications for Public Convenience and Necessity Certificates at the March 6, 1973 meeting. Director Stanton commented that if there are others interested in applying for a Public Convenience and Necessity Certificate, they should file the petitions so all applications could be considered at the March 6, 1973 Board meeting. City Manager Grimes announced that the deadline for items to be placed on the agenda will be enforced in the future. The deadline is noon Wednesday before a Board meeting the following Tuesday evening. There being no further business, Director Stanton moved the meeting be adjourned. Director Murray seconded the motion which passed unanimously, whereupon Assistant Mayor Orton declared the meeting adjourned. ATTEST: 142 APPROVED: Assistant Mayor 1