HomeMy WebLinkAbout1973-09-18 Minutes. MINUTES OF A REGULAR'MEETING OF THE BOARD OF DIRECTORS
SEPTEMBER 18, 1973
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The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, September 18, 1973 in the Directors Room of the City
Administration Building at 7:30 P.M.
Present: City Manager Donald L. Grimes; Administrative Aide David McWethy;
City Attorney Jim McCord; Bobbie Jones, substituting for City Clerk Helen
Young; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
Directors Absent: None.
Others Present: Representatives of the.news media and members of the audience.
Minutes of the regular meeting of September 4, 1973 had been distributed to the
Board members prior to the meeting. There being no corrections, additions or
deletions to the minutes of the September 4, 1973 meeting, the minutes were
approved as mailed.
REQUEST FOR A HEARING ON -PORNOGRAPHY
Mr. Carter Price was present at the meeting to request the Board to adopt an
ordinance to prohibit the sale of pornography or pornographic literature or the
public showing of pornographic film§ in movie theaters. Mr. Price had written
a letter to the City Manager's Office on July 8, 1973 requesting the Board adopt
such an ordinance. The matter had been tabled from the Board meeting of August 7,
1973.
Mr. Price stated that he felt that we need to have an agency whereby we can set up
community standards regarding pornography. He said that based on the most recent
interpretation of the Constitution. by the United Stated Supreme Court, there can
be community standards set to'define what is obscene and what is not obscene in
a local area. Mr. Price said he felt like Fayetteville needs to enact an ordinance
to give us some power to protest the sale of obscene literature on newsstands and
in grocery stores. He mentioned magazines such as PENTHOUSE, OUI, PLAYGIRL, YES
and PLAYBOY, and said that these magazines are also sold in our drug stores.
Mr. Price said that this is offensive to him and he did not want his children to
"get hold of it." He also expressed concern about the movies being billed.
Mayor Purdy invited other comments from the audience.
Tom Scott, 603 Vinson Avenue, stated that he and Mr. Price have shared coffee
conversations on the subject; but that they have different ideas on it. He
stated that it seemed to him that since these magazines are sold without any
serious complaint across the country, or even abroad; it is rather unnecessary
for us to protect the adult readers from these sort of things. He said it seemed
to him to be within the range of parental influence and discipline to guide children
along this line. He indicated he did not.think it within the range of the Board's
duties.
Franz E. Allebach asked, "Who is this gentleman who has come here trying to censor
our reading? What is Mt. Price's authority for believing he should come in and
censor us?" He also asked what organizations Mr. Price belonged to. Mr. Allebach
was asked to address his comments to the Chair rather than to Mr. Price.
Mr. Allebach asked where Mr. Price was *hen the City had opposed the opening of
the hard-core, pornographic book store on Mountain Street. Mr. Allebach compared
"these people" with the prohibitionists back in World War I and said that in theieJ
way they are just as' bad, trying to take away our rights under the first amendment.
He said no one forces anyone to buy pornographic material. He added that he had
visited the book store on Mountain Street just to see what it was like and it was
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full of pornographic material, but no one had tried to make him buy it. He
would like to have that priviledge if he had wanted to do so, he stated.
Mr. Price said that he thought Mr. Scott was mistaken; he believed there are
plenty of protestations in other parts of the country. In answer to Mr.
Allebach, he said he was in contact with the City Attorney when the book store
went in on Mountain Street; but the City Attorney had told him there was nothing
he could do. He said he thought this was because there was no Supreme Court
ruling at that time. Mr. Price said he did not want his children's minds
polluted and that it bothered him that our young people and teenagers get hold
of it. He said that if the Board sits here and allows "anything goes", it is
saying Fayetteville does not have any standards. He suggested someone such as
Mr. Allebach to serve on a review board. Mr. Price said he had protested to
the people who sell these magazines. He said his reason for "laying low" was
because he did not have any forces of law behind him; now with the Supreme
Court ruling, he does have the law behind him. He added that he was asking the
Board of Directors to pass an ordinance. He said he is a Christian and worships
at University Baptist Church and is a member of the Masons and various other
organizations. He said he has been working at this quietly because he felt he
had no law behind him. He said Fayetteville cannot decide what standards are
applicable for Springdale or Fort Smith, but can say for Fayetteville.
City Attorney McCord cited two constitutional objections to Mr. Price's
proposed ordinance: 1) The proposed definition of pornography does not meet
the standards recently announced by the United Stated Supreme Court; and 2)
The proposed ordinance does not provide for a judicial determination of
obscenity in an adversary hearing as required by the United States Supreme
Court. He stated he had prepared an opinion dealing with the question of
obscenity and he believed it would enlighten the Board. He said he thought
Mr. Price was mistaken in his interpretation.
Alma Brothers, 665 Gray, said she was in accord with Mr. Scott. She also said
that it is true there are many of these magazines on sale, but she thought it
within the province of the individual to restrict his buying and possibly to
start a boycott of the establishment selling them that would show that business
that it is off-limits to his family. She said she agreed with the action the
Board had taken on Highway 62 and thought it was proper because an invasion of
the home was involved.
T. R. Marshall, Jr. stated he is the distributor for the magazines mentioned
earlier. He said he could see that Mr. Price defends what he believes in; but
he did not think Mr. Price really knows what hard-core pornography is and that
he did not distribute it in this area. He added that if there was an account of
his that did not want Playboy, he would be more than happy to take it out; that
he always has and always will.
Mr. Price suggested that the City Attorney would be more capable of drafting an
ordinance than the one proposed by Mr. Price.
Mayor Purdy closed the public discussion and turned the discussion to the Board.
Director Murray requested the opinion and recommendations of the City Attorney.
City Attorney McCord read a prepared opinion on the matter of an adoption of an
obscenity ordinance. The opinion read as follows:
"In adopting an obscenity ordinance, the guidelines recently announced by
the United States Supreme Court in the cases of Miller vs. State of
California, U. S._, 37 L. Ed. 2nd 419, 93 S. Ct._, Paris Adult Theatre
1 vs. Slaton U. S. _, 37 L. Ed. 2nd 446, 93 S. Ct._, and Heller vs.
State of New York, _ U.S.__, 37 L. Ed. 2nd 745, 93 S. Ct._, must be
carefully followed. These cases held that the constitutionally permissible
scope of state regulation of obscene materials is confined to words which
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depict or describe sexual:conduct, which conduct must be specifically
defined by the applicable state law, as written or authoritatively con-
strued. The Court specifically held that no one is subject to prosecution
for the sale or exposure of obscene materials unless these materials depict
or describe patently offensive "hard core" sexual conduct specifically defined
by the retulating state law, as written or construed. The pre -requisites
required by the Court are designed to provide fair notice to a dealer in
such materials that his public and commercial activity may bring prosecution.
"In Miller vs. California, the Court stated that the sexual conduct which
a state may properly define for regulation includes (a) patently offensive
representations or descriptions of ultimate sexual acts, normal or perverted,
actual or simulated, and (b) patently offensive representation or description
of masturbation, excretory functions, and nude exhibition of the genitals.
"With regard to constitutionally permissible state regulation of obscene
materials, the Court in Miller announced the following basic guidelines
which must be used by the trier of fact; (a) whether the average person,
applying contemporary community standards, would fine that the work, taken
as a whole, appeals to the prurient interests, (b) whether the work depicts
or describes in a patently offensive way, sexual conduct specifically defined
by the applicable state law, and (c) whether the work, taken as -a whole, lacks
serious literary, artistic, political, or scientific value ---there being no
requirement that the work be "utterly without redeeming social value" or
"social importance".
"Although the Court does not define "contemporary community standards", its
repeated references to state regulation of obscene materials indicates to me
that the standards to be applied by the trier of fact are to be state standards
rather than individual city or municipal standards.
"Prior to its recent decisions, the Supreme Court had already ruled that a
judicial determination of obscenity in an adversary proceeding is required
prior to the imposition of a valid=final restraint on allegedly obscene
materials. Freedman vs. Maryland, 380 U.S. 51 (1965), and United States
vs. Thirty Seven photographs, 402 U.S. 363 1971. In Heller vs. State of New
York, supra, the Court approved the following procedure as constitutionally
permissible for seizing a single copy of an allegedly obscene film for the
bona fide purpose of preserving it as evidence:
"1) Seizure pursuant to a warrant issued after a determination of probable
cause by a neutral magistrate who observed the entire film,
"2) Following the seizure, prompt judicial determination of the obscenity
issue in an adversary proceeding at the request of any interested party, and
"3) On a showing to the trial court that other copies of the film are not
available to the eibitor, copying of the film so that showing can be
continued pending a judicial determination of the obscenity issue in an
adversary proceeding
CONCLUSION
"A statute or ordinance censoring obscene material must first establish and
then observe the standards recently enunciated by the Supreme Court. At the
present time, certain of Arkansas' obscenity statutes are under constitutional
attack. In my opinion, the City of Fayetteville should refrain from adopting
an obscenity ordinance until such time as these test cases are finally adjudicated.
Upon such adjudication, the statutes in question will either be given the
authoritative construction required by the Supreme Court, or they will be
struck down and have to be re -drafted by the Legislature in conformity with
the standards now required.
"In either event, what is meant by "obscene material", as that phrase is
used in the statutes, will be clearly defined and the City will have definite
guidelines to use in drafting an obscenity ordinance if it deems one necessary.
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If the City attempts to adopt an obscenity ordinance now, it will have to
speculate as to what the State Supreme Court or the State Legislature will
define as obscene material. An ordinance based on such speculation will
invite a test case which, if lost by the City, could well result in a flood
of obscene material into the City."
City Attorney McCord stated that the Sujreme Court decisions are not clear as
to whether the standards to be a.p}lied are statewide or individual community standards.
Director Murray moved that the Board table this issue until the State Legislature
has set the necessary guidelines by which this Board can act on this situation.
Director Noland seconded the motion.
Director Orton said that she understood the motion to mean that at that time the
Board would reconsider the matter. Director Noland said that he had been told
by some Legislators that it will be examined at their next session. Director
Utley said that he had understood the City Attorney to say that there are certain
cases under review by the Supreme Court at this time. City Attorney McCord said
the cases he referred to have not reached the Supreme Court yet; but they will
definitely be appealed.
Upon roll call the following vote was recorded:
"Ayes," Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays," None.
There being seven "Ayes" and no "Nays" the motion passed.
ORDINANCE RENAMING INDUSTRIAL PARK ROAD TO ARMSTRONG BOULEVARD
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to
rename Industrial Park Road to Armstrong Boulevard.
Director Murray moved the rules be suspended and the proposed ordinance be
placed on second reading. Director Orton seconded the motion. Upon roll call
vote the motion passed unanimously.
The City Attorney read the proposed ordinance the second time.
Director Orton moved the rules be further suspended and the proposed ordinance
be placed on third and final reading. Director Murray seconded the motion.
Upon roll call vote the motion passed unanimously.
Before the third reading, Mayor Purdy asked for discussion. The discussion was
postponed until after the third reading.
The City Attorney read the proposed ordinance the third and final time
Mayor Purdy asked why Armstrong "Boulevard" instead of "Avenue". City Attorney
McCord said that former City Attorney David Malone had told him that he had been
advised that Armstrong Tool Company always has its offices on Armstrong
Boulevard, but that their stationery says "Avenue". City Manager Grimes suggested
it be changed to Avenue because boulevard always suggests a divided road to him.
Director Murray moved that the proposed ordinance be amended to change the name
of the proposed street from Armstrong Boulevard to Armstrong Avenue. Director
Noland seconded the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" None. "Abstaining" Carlson.
There being six "Ayes", no "Nays" and one "Abstaining", the motion passed.
Director Carlson stated that usually streets and public monuments are named
after persons who have done some unusual action deserving such commemoration.
She said, "This haste with which we wish to name a street for someone who bought
property on a street takes me utterly by surprise." She said that she would think
that out of due respect to older and more significant citizens in the town that
the Board could find some other name for the main artery of the Industrial Park
that would be more appropriate. She suggested naming it after someone who has
done much for the town or dedicated much time and service in it. She continued,
"One name occurs to me. One of the older and most active industrialists in town.
One who has devoted lots of time and effort to the town. I see nothing wrong with
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naming.a street 'Baxter Avenue" after L. L. Baxter. I see no point in naming a
street after someone who just came and bought property from us or to whom we
practically gave the property."'
Director Stanton explained that there is already a Baxter Lane in the City and
he thought the similarity was too close. Director Carlson then suggested that
the street be named for some other local citizen.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray and Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nays" the Mayor declared the Ordinance passed.
*Ordinance No. 1934 appears o 206 of Ordinance and Resolution Book 3.
Page A
ORDINANCE REZONING PROPERTY
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance to rezone
a 27.23 acre•tract located north and east of the intersection of Highway 71 North
and Zion Road from A-1, Agricultural District, to C-2, Thoroughfare Commercial
District for Tract 1 of 6.73 acres and R-0, Residential -Office District for Tract
2 of 20.5 acres. The petitioner is James B. Blair.
Director Murray moved that the rules be suspended and the proposed ordinance be
placed on second reading. Director Orton seconded the motion. Director Utley
requested discussion, then withdrew his request until after the second reading.
Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance the second time.
Director Utley requested discussion of the proposed rezoning ordinance. He said
his reservations are this ---in this drawing the Board has it shows the only access
to this entire tract as being off Zion Road. He asked what the zoning of the
property north of Zion Road over to this property is. Planning Administrator
Bobbie Jones stated that that property is zoned A-1, Agricultural.
James Blair and Attorney Tom Burke were present to discuss the petition with the
Board. Mr. Blair said that his property has been, as far as he knew, zoned A-1
since Fayetteville and Springdale annexed it simultaneously. He said it is in an
unusual position in that it is in Springdale School District and in Ward 3 of
Fayetteville. Director Utley asked Mr. Blair if his property is adjacent to the
right-of-way of U. S. Highway 71B Mr. Blair said that it is because the right-
of-way of Highway 71 came off that tract. Director Stanton asked about the access
to Zion Road across the West end of the Elks Club. Director Stanton said this is
a precipitous bluff and has a ravine across it and asked how close the access will
come to Highway 71. Mr. Blair said that his original access into the property had
swept up across the bluff. He said Larry Wood with the Regional Planning Commission
had led him to believe that it would be better not to come out below the bluff on
Highway 71, but to come on over to Zion Road across the Elks Club property.
Director Orton asked Mr. Blair if he has access through the Elks Club property.
Mr. Blair said he did. Director Orton said she had been told that he did not.
Mr. Blair said that he did not have an easement which is filed of record. The
Trustees of the Benevolent Building Corporation, which is the Elks Club, have said
they will take care of whatever is necessary, according to Mr. Blair. Director
Orton said she was confused because she had talked to one of the Trustees who said
absolutely not. Mr. Blair said he had talked to them that night. He named the
Trustees as being Friedman Sisco, Harvey Smith and Bill Parette. Mr. Blair said
that Mt. Sisco had said there was no problem; and that he had not talked to Mr.
Smith, but he had talked to Bill Parette several weeks ago. Director Orton said
that she had talked to Bill Parette and that he was not against Mt. 'Blair
personally but did not want him taking the trees. She said there seemed to be
some doubt about the access. Mr. Blair said the cost is economic and what it costs
to do it and that he will just have to pay whatever it costs.
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Director Stanton asked how close to the intersection of Zion Road and Highway
71 this access would empty into Zion Road. Mr. Blair said there is enough
room to be flexible, whatever the people who must approve it want.
Director Murray asked about the drive that used to be a private drive into the
property. He said there is a culvert of sorts going through there and ending
in an impoundment, or an attempt at an impoundment, of water but it never held.
He said this was put there when Claude Woods had the property. Mr. Blair said
he did not think the access was contemplated to get that close.
Director Utley said he still was not clear and that on this 6.73 acres, as far
as he was concerned, everything on Highway 71B ought to be commercial. He said
his concern is how they are going to get out of the property onto Highway 71.
Mr. Blair said that they will come off Zion Road. Director Utley expressed
concern about the access exiting onto Zion Road at Highway 71. Mr. Blair said
he has an access to Highway 71 now, but that Larry Wood of the Northwest
Arkansas Regional Planning Commission had suggested another access. He pointed
out the location of the original access to his home. He said he had since brought
his own access to his home off Zion Road.
Director Utley said there are two death traps out there now and an access road
coming off Highway 71 at the base of that bluff seemed to him unfeasible. Mt.
Blair said the access by the creek is not as bad now as it used to be because
the Highway Department has cut the bluff down a great deal. He said he still
believee it would be better for the access to come off Zion Road. Director Utley
asked if Mr. Blair would be willing to agree that the entrance to this property
would be about a block from Highway 71.
Director Carlson said she would like to have the Zion Road access closed and
that that had been her original hope when the City rezoned the south side of
Zion Road and Highway 71---that as the service road developed along Highway 71,
the Zion Road intersection could be closed off. She said she would like to
have Perry Franklin, Traffic Superintendent, or Clayton Powell, Street Super-
intendent, give the Board their reactions on this. She said there have been
serious accidents because the sight distance is ever so much shorter at Zion
Road than down here at the creek level. She suggested that the Board consider
not lending any official impetus toward turning any of this hillside into commercial
or heavily accessed in and out business property until we have an overpass and
when we get the overpass, then and then only, turn this from A-1 or R-1 into
commercial. She said it is much too premature to turn it into commercial and
said she would like to have the south side of Zion Road which she felt many of
the Board regret turned back to A-1 in the interest of the public. She asked
that it all be left in A-1 until the overpass is in.
Mr. Blair said this was his home and where he chose to live because it was out
of the City. He added that now there is a multi-million dollar mall across the
street whose lights stay on all night, a Mormon church "whose activities on
Sunday morning are incredible", and the Elks Club which render this unsuitable
for residential. He said it is really unfair to him to say because the City let
the mall go in across the street and these other things around you, that you
ought to have to suffer a while longer.
Director Orton asked what the purpose for planning is, if it isn't to draw
lines acmewhere. She said here is a chance to preserve an area that is wooded
and that as you go down Zion Road, it is a very nice place. She told Mr. Blair
she appreciated what he is doing, but asked him what he is doing to the neighbors
on the other side of him. She said somebody is going to have to be on the
buffer zone. She continued that she agreed with Director Carlson about the south
side of Zion Road and that she thought it is a shame. She said it seems to her
that the way things are going, we are going to line our Lake Fayetteville
Park with commercial. Mr. Blair said that he agreed the time is to draw the line
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He added that Larry Wood says.it would be proper to do this in stages with
commercial along the Highway; R-0 on the back part of the land; and that the
east line of the R-0 would line up with the back line of the Mormon Church.
Mr. Blair said that Mr. Wood said that is where it should stop and that R-0
has less houses and less overall traffic than commercial.
Director Orton said the Planning Commission and the Board adopted a land use plan.
She said the land use plan was recommended by Mr. Wood and that within a month
after it was adopted, the plan was violated by the Planning Commission and Board.
She said what Mr. Wood is trying to do is to make the best of it.
Mayor Purdy said that he had.little quarrel with the Tract 2 request of this, but
for commercial on Tract 1 with what he considered the extremely hazardous access
to Highway 71 looks risky from a traffic point of view.
Director Noland said he thought R-0 is a very good recommendation because it
does serve as a buffer between commercial and residential areas. He said he did
not know of anyone who would try to develop this as a residential area any more.
Director Noland asked Director Stanton if he thought people would want to live
in that area if it were developed for apartments. Director Stanton said that
Tract 2 could be used for apartments if. they so desired. He said he did not
think Tract 1 could be developed any way other than commercially. He added that
he thought that is the only'tract along Highway 71 from North Street on that is
not zoned commercially. He agreed there will be some access problems. He said
the fact that we concentrate these access points into 5 or 6 rather than 12
or 15 does not lessen the problem. He added that the more access points there
are onto Highway 71, the less congestion there will be at any one of them. He
said he thought the speed limit is too high and that it will have to be reduced.
He said that on this tract they are asking for C-2 on, the Board will have to
approve it and the Planning Commission will have to approve a large scale devel-
opment plan on it; and at that time, the Planning Commission and Board can dictate
where the access to Highway 71 is and how it can be controlled. He said he did
not think the property appropriate for residential property, that it certainly
lends itself more suitable for commercial property because of noise and surrounding
activity.
Director Utley said that, speaking for himself, he could not see any land on that
thoroughfare as being anything other than commercial. He said his only reservation
is access and that he wanted to be sure that what Director Stanton had said is
correct; that if the Board zones that commercial, does it follow that before any
commercial can be put there it does have to go to the Planning Commission. Mayor
Purdy referred this question to Bobbie Jones. She said that any development
larger than one acre has to be approved by the Planning Commission. Director
Utley asked about building on property smaller than•one acre. She said the a�
Planning Office goes by ownership of the parcel rather than the size of the devel-
opment parcel. Mr. Blair said his understanding is that he can't use the property
without some approval for several.reasons. He said if he comes in with a street,
the City has to accept the street and it has to be dedicated; he cannot subdivide
it without approval and cannot use it in its present size without something approved
on a large scale development.
Director Utley asked Mr. Blair if it is his understanding that before any devel-
opment, it would have to come up before the City.
Attorney Tom Burke said that the Planning Commission had indicated through its
Chairman that the Planning Commission would look with disfavor toward them using
access onto Highway 71 on the existing access.' He said the property will not be
used through the existing point of access. Mr. Burke said that Mr. Blair will
have to put in that road that will flow onto Zion Road and whatever the Board
does tonight will not alleviate the traffic problem out there.
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Director Carlson said that the contour of the land turning North off Zion Road
did not seem desirable to her for access to Tract 1, but that an access could
be had from the next access road north of there where there is a long view.
She suggested he have a service road leading off his property northward and crossing
into Highway 71 where the road to Johnson goes to the west. She said this is the
place where she would like to have the access into the mall and that it could
develop very beautifully.
Director Stanton said the Board was belaboring the point and getting off the
question. He said Mr. Blair will certainly have to get this back before the
Planning Office and Planning Commission before they can get a building permit.
He said the Board is not going to solve the access problem at this meeting.
Mayor Purdy said that going back to the Planning Commission with a large scale
development does not make that outlet with Zion Road any better and added,
"That is terrible, absolutely terrible."
Director Orton said she agreed with Director Stanton that that doesn't have
anything to do with the rezoning question. Mayor Purdy said that it does,
because then they have a wedge. He said he did not think the property is
worth anything for residential purposes.
Director Carlson asked who owns the property directly north of this property.
Mr. Blair said the property is owned by Mr. Schmieding and explained the history
of the property north of him. He said he did not think the City could win a
case if they turn him down and he files an appeal on a case for spot zoning.
He said he did feel the City could control access.
Director Carlson said a developer should come in with his plans and present them.
She added, "If it is feasible, yes." As Mr. Blair had presented it, she said
it is not feasible and she felt like the Board gave the indication that if he can
work these things out it is feasible.
Director Orton said the City works on these land use plans and then changes them.
She asked, "What have we accomplished." She said that here the City has a chance
to try to stop this big density, especially until something is done about the
highway. She said that if the Board does not rezone this, possibly these people
will put pressure on the Arkansas Highway Department to do something there.
She added that she is against doing anything there to put more commercial there
until something is done.
Director Utley moved that the rules be further suspended and the proposed ordinance
placed on third and final reading. Director Murray seconded the motion. Upon
roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Noland, Utley and Stanton.
"Nays" Orton, Purdy, Murray and Carlson.
The Mayor declared the Ordinance did not pass.
Mayor Purdy, in casting his vote, had stated that this was a very difficult vote.
He said he did not believe that property is any good for residential; he thought
commercial is where it will have to go. He said he did not think the access thing
is solvable the way the Board has gone about it, but that on the basis of access
he had to vote "No."
ORDINANCE REZONING PROPERTY
Mayor Purdy explained that Rezoning Petition R73-31 to rezone a 45.0 acre tract
located at the southwest corner of Highway 718 and Highway 71 North from A-1,
Agricultural District, to C-2, Thoroughfare Commercial District was denied by the
Planning Commission by a vote of 3 in favor of rezoning and 5 against rezoning.
The petitioner is Steele Investment Company and the petitioner has appealed to
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the Board to override the Planning Commission decision.
Director Stanton asked if the Planning Commission did .not offer an alternative
plan for this property. Mayor Purdy said that an alternative plan was offered
and was refused. He said the alternative was tabled by the Planning Commission,
and the petition was appealed to the Board on the original basis. Mayor Purdy
said the petition is coming to the Board on the original basis.
Attorney F. H. Martin was present to discuss the petition with the Board.
Mr. Martin stated that Mr. Steele was uncertain as to how Mr. Wood's recommendation
would affect him. He added that Mr. Steele had not anticipated the recommendation
and did not know about it at the meeting. Mr. Martin said that Mr. Steele had
asked him and the Planning Commission if that could be considered to give him
some time to reconsider the recommendation. Mr. Martin said that Mr. Steele is
now asking that the entire tract be rezoned to C-2.
Mayor Purdy asked Mr. Martin if he understood that if the Board denied the petition
at this meeting, they could not -ask for it again within one year.
Mr. Martin said he was aware of that; but as he understood it, Mr. Wood's recommendation
could still have action taken on it at the Planning Commission meeting. Mayor Purdy
said he had not checked the legality of it, but would personally think this was
not so. Mr. Martin admitted that'he had not checked the legality of it either.
He said Mr. Steele does desire to have the entire tract rezoned to C-2. Mayor
Purdy said that to him that meant he would not like the option offered to him
and he has brought it to the Board. Mayor Purdy continued to say that he would
guess that the Planning Commission could not take action on the option now.
Director Stanton asked Bobbie Jones if that was her opinion. She stated she would
pass the question to the City Attorney. City Attorney McCord said the Planning
Commission has denied the petition and he would have to research it, but his
initial opinion would be that they could not act on the option now. Director
Carlson said that if Mr. Steele had permitted the Planning Commission to take
action on the recommendation and the Planning Commission recommendation was to
split it, that would not bind the Board to their recommendation. She said the
Board could go on and zone the entire tract.
Mayor Purdy said that it seemed for the benefit of this Board that the Board has
a request to override the Planning Commission decision and that whether they can
bring it back within a year is for the City Attorney to decide.
City Manager Grimes said that he thought the Board can rezone any part of this
or its entirety, or the Board can rezone the split. Mayor Purdy said that the
Board has not been asked to act on the split.
Director Stanton said that the City has a Planning Commission and it is their job
to hold public hearings and pass upon these rezonings, subdivisions, and other
matters. He stated he felt the Board would be pre-empting on the Planning
Commission's purpose if it goes on and overrules the Planning Commission on their
vote. He said he felt the Board should send this back to the Planning Commission
and get their opinion if the property owner wants to have them vote on splitting it.
Director Orton said Mr. Steele is asking the Board to act on the entire tract.
She said, "He is evidently not interested in the split, so let's act on this."
Director Orton moved that the Board uphold the decision of the Planning Commission
and deny the original petition. Director Utley seconded the motion.
City Manager Grimes said that he is not a lawyer, but his personal opinion is that
we have commercial along the frontage of College Avenue, and if we deny this and
it goes to court then the court decides how much to zone commercially. He said
he thought the City would have a stronger position and a better chance in court
if the City rezoned what is along College Avenue in line with other commercial
there.
Director Stanton said that he noticed that the Planning Commission had felt that
there should not be an access to this property from Highway 71 at Millsap Road.
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He called for discussion on this; and commented that if this property is developed,
then it will, in fact, have to come back to the Planning Commission for a large
scale development to be approved before anything can be built on it. He said
the City has complained bitterly over its inability to get through streets and
the failure of the people who sat on these Boards in the past to get through
streets. He said Millsap Road is being brought to Highway 71 on the East and
that he would not vote for any plan that cut it off as long as there is a chance
to take it to the West. He asked if Mr. Steele has an access road that stops at
Millsap Road. F. H. Martin showed the survey with an access road drawn on it to
the Board. He said that he thought that the access road as drawn was based upon
Larry Wood's recommendation and that the minutes of the Planning Commission meeting
clearly indicate that Mr. Steele would bring the road to the south line of his
property or would cut it off where requested to do so. Mr. Martin said that
Mr. Steele has two access points to the By-pass.
Director Stanton said that the Board is not voting upon the approval of this
plan. He said the Board would be voting on the rezoning petition and that when
the rezoning is approved then the plan will be processed. He stated that if the
access pointe on each side of the By-pass do not coincide, we cannot have any
traffic control.
Director Orton asked the City Attorney whether the Board should "jump the gun"
on the Planning Commission or just send it back to the Planning Commission.
City Attorney McCord indicated that he thought the City would have a better
chance in court if at least part of the property were zoned C-2 and said that
they would probably go on and take it to court.
Director Stanton said that he believed the two properties south of this area are
zoned commercial and that the Lewis Ford property south of that is also zoned
commercial. He stated that he thought if the Board is going to take action, it
should follow the expressed recommendation of the Planning Commission or send it
back to the Planning Commission. Mayor Purdy asked Director Stanton if the
Board followed the recommendation of the Planning Commission and rezoned the
east portion of the property, did he think the exit should be the Millsap Road.
Director Stanton said he did and told Mayor Purdy that he did not care whether
the access road extended all the way to Mr. Steele's south property line. He
said he thought the petition should be referred back to the Planning Commission
for reconsideration of the split zoning and let the Commission send it to the
Board with a recommendation.
Director Orton requested permission to withdraw her previous motion that the
Board uphold the decision of the Planning Commission and deny the original petition.
Director Utley agreed to withdraw his second to the motion. Mayor Purdy asked
if there was any objection to the motion being withdrawn. There being no
opposition to the motion being withdrawn, the Mayor announced the motion withdrawn.
Director Stanton then moved that the rezoning matter be referred back to the
Planning Commission for their reconsideration and recommendation to the Board
at its next regular meeting. Director Orton said she would like to have in
Director Stanton's motion the splitting of the zoning. Director Stanton amended
his motion to read that the rezoning matter be referred back to the Planning
Commission for their reconsideration of the recommendation that it be split
zoned and that they bring it back to the Board at the Board's next regular
meeting. Director Carlson seconded the amended motion. Upon roll call vote the
motion passed unanimously.
RESOLUTION TO FXVCUTE A CONTRACT ON WINWOOD II SUBDIVISION
City Attorney McCord read a resolution authorizing the Mayor and the City Clerk
to execute a contract guaranteeing that the contractor/developer will install
certain improvements in Winwood II Subdivision. Director Orton asked how the
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undedicated road which the City blocked off-is going to be taken care of.
She said the City has had considerable problems with that road.
City Manager Grimes explained-that there is an agreement which was entered into
before he came that allows them to open the road from time to time, but that they
have to close it from time to time so it cannot be considered a public road.
Director Orton asked how this is going to be taken care of now. She said the City
still does not have an access from Susan Drive in the present Winwood Estates.
Ervan Wimberly of McClelland Engineers was present and explained where the road
in question lies in relation to the subdivision. Chase Reid with McClelland
Engineers presented a drawing showing the changes which the Planning Commission
had request to 1) show the access with Winwood Drive on the plat, and 2) show
sidewalks on the west side of Susan Drive.
Director Utley moved to approve a resolution authorizing the Mayor and City Clerk
to execute a contract guaranteeing that the contractor/developer will install
certain improvements in the subdivision knows as Winwood II.
Director Carlson said the Board has been in the habit of taking these things two
at a time and just voting on the resolution and contract separately..
Mayor Purdy said that he and the City Clerk will not sign the resolution if the
plat is not approved.
Director Carlson seconded the motion to adopt the resolution. Upon roll call the
following vote was recorded:
"Ayes" Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
Director Orton abstained from voting (Director Orton was out of the room at roll call.)
There being six "Ayes", no "Nays", and one abstention the motion passed.
*Resolution No. 77-73 appears on Page 176 of Ordinance and Resolution Book 3.
ORDINANCE ACCEPTING DEDICATION OF STREETS AND/OR UTILITY EASEMENTS IN SUBDIVISION
Upon request of Mayor Purdy, the City Attorney read a proposed ordinance accepting
the dedication of streets and/or utility easements and approving the final plat
of Winwood II Subdivision being developed by Fayetteville Land Company.
Director Noland moved that the rules be suspended and the ordinance be placed on
second reading. Director Murray seconded the motion. Upon roll call vote, the
motion passed unanimously.
The City Attorney read the proposed ordinance the second time.
Director Stanton moved that the rules be further suspended and the ordinance be
placed on third and final reading. Director Carlson seconded the motion. Upon
roll call vote the motion passed unanimously.
One of the Directors requested a discussion before the third and final reading
of the ordinance. Director Stanton asked whether anyone present had any objection
to having Susan Drive cut off. Director Carlson asked, "What about north of there?"
Chase Reid with McClelland Engineers said that Fayetteville Land Company does not
own that. Director Orton asked if the developers were planning to have Susan Drive
in Winwood II go up and intersect with the private road coming off Susan Drive in
the Winwood Estates Subdivision. Chase Reid replied that Fayetteville Land Company
does not own the road and that if he understood the agreement, it was that for the
private road to be used it was to be built to City specifications. One of the
Directors said that it has been used, but it has not been built to City specifications.
Director Stanton told the other members of the Board that this land where the road
is belongs to Dr. Vinzant. Director Orton said that she knew that and that is
where she had gotten her information. She stated that Dr. Vinzant's position is
that if this. development is to use Susan Drive as it has been used then it ought
to be improved. Director Stanton said that it cannot be used. Director Orton
said,."But it is." Ervan Wimberly with McClelland Engineers said that the
proposed Overcrest Street will be built and paved properly, so the people will
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probably start using it and quit using Susan Drive. Director Utley stated that
he felt that when the present access is cut off to the private road, the people
are going to come in on the new Susan Drive to get to the private road.
Director Stanton said that Dr. Vinzant can just put a fence up across the end
of the new Susan Drive.
City Manager Grimes said, "This thing was headed for court just prior to my
arrival. They settled out of court whereby the owners agreed to periodically
barricade it and close it, and it cannot be used for public property. However,
the owner was not Dr. Vinzant, it was Winborn. We can barricade it again."
City Manager Grimes inquired about sidewalks as the Plannirg Commission had
asked that they be shown. Ervan Wimberly showed him the notation on the plat
listing which side of each street would have sidewalks.
The City Attorney read the proposed ordinance the third and final time.
Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Aye" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nay" None.
There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed.
*Ordinance No. 1935 appears on Page 207 of Ordinance and Resolution Book 3.
The Mayor declared a 10 minute recess in the meeting.
ORDINANCE ACCEPTING THE DEDICATION OF STREETS AND/OR UTILITY EASEMENTS
Upon request of the Mayor, the City Attorney read a proposed ordinance accepting
the dedication of streets and/or utility easements in the large scale development
plan of Trinity Temple.
Director Carlson moved that the rules be suspended and the proposed ordinance
be put on second reading. Director Stanton seconded the motion. Upon roll call
vote the motion passed unanimously.
The City Attorney read the proposed ordinance a second time.
Director Stanton moved that the rules be further suspended and the proposed
ordinance be placed on third and final reading. Director Murray seconded the
motion. Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time,
whereupon the Mayor asked the question, "Shall the Ordinance pass?" Upon roll
call, the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1936 appears on Page 208 of Ordinance and Resolution Book 3.
ORDINANCE ACCEPTING THE DEDICATION OF STREETS AND/OR UTILITY EASEMENTS
Upon request of the Mayor, the City Attorney read a proposed ordinance accepting
the dedication of streets and/or utility easements in the large scale development
plan of James E. Holder, for property located on North College Avenue between
Wheeler Motor Company and Wyatt's Cafeteria.
Director Noland moved that the rules be suspended and the proposed ordinance be
placed on second reading. Director Murray seconded the motion. Upon roll call
vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the second time.
Director Stanton moved that the rules be further suspended and the proposed
ordinance be placed on third and final reading. Director Murray seconded the
motion. Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
One of the Directors called for a discussion of the proposed ordinance.
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Director Orton called to the Board's attention that in the Plat Review Committee
minutes there. is some discussion about Lee, Avenue. Mayor Purdy informed the
Board that he had attended that meeting and that the Street Superintendent had
raised an objection because he did not want this commercial operation entering
and leaving. by Lee Street. Mayor Purdy also added that the assurance was given
that there were 3 lots between Lee Street and this property and that this would
not be done at all. Director Carlson said that she could not see where the
garbage truck will come and go and take away all the garbage. Mayor Purdy said
that they would have to come off College Avenue. Director Orton asked if these
are not residential lots along Lee Street, and about the setbacks required from
residential, since the plan shows an 11 ft. setback. City Manager Grimes told
her that they will have to comply with the setback requirements before the permit
can be issued. Director Noland asked if the Board can be sure there will be no
access to Lee Street. Director Utley stated that the Planning Commission motion
to approve the plan was made contingent upon those conditions. Director Noland
asked if the proposed ordinance has those conditions in it.
Director Utley moved that the contingencies included in the Planning Commission
recommendation be incorporated and made a part of the proposed ordinance to be
approved by the Board. Director Stanton seconded the motion. Upon roll call
vote the motion to amend the proposed ordinance passed unanimously.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1937 appears on Page 209 of Ordinance and Resolution Book 3.
ORDINANCE ACCEPTING THE DEDICATION OF STREETS AND/OR UTILITY EASEMENTS
Upon request of the Mayor, the City Attorney read a proposed ordinance accepting
the dedication of streets and/or utility easements in the large scale development
plan of Sam Taylor for a single family dwelling on property on Stone Bridge Road.
Director Murray moved that the rules be suspended and the proposed ordinance be
placed on second reading. Director Orton seconded the motion. Upon roll call
vote the motion passed unanimously.
The City Attorney read the proposed ordinance a second time.
Director Noland moved that the rules be further suspended and the proposed
ordinance be placed on third and final reading. Director Murray seconded the
motion. Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
Mayor Purdy called for a discussion period before the question.
Director Carlson said that the recommendation that came to the Board was that
Mr. Taylor be sure and dedicate a 5 ft. utility easement for the power company.
She said that he has drawn in an easement for everything, but he does not say
now wide it is and since someone has recommended a 5 ft. power company easement--
5 ft. is small. She said she thought they needed a 10 ft. easement. Director
Stanton said that there may already be some easements since the recommendation
was for a 5 ft. additional easement. Director Carlson said that she thought
a 10 ft. easement from the road right-of-way would be reasonable. Director Utley
said that there is no right-of-way there and that the thing which bothered him
is where is Stone Bridge Road. Director Carlson stated that she felt that
Mr. Taylor should be put on legal notice that a utility easement has to be in a
certain place relative to the street. Director Orton said that until the City
hires surveyors and goes out and gets a legal descripiton there are a lot of
streets in this town that cannot be tied down on right-of-way. Mayor Purdy
said you know where Stone Bridge Road is, but you don't know where it is legally.
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Director Carlson said that the Board should put in the ordinance that he must
be sure that he has a 10 ft. easement. Director Stanton said that this is a
request for an additional easement. Director Carlson said, "Okay, let the
utilities worry about it." Mayor Purdy said he thought the Planning Commission's
decision to go on and approve the large scale development plan was right.
Director Utley said he thought Mr. Taylor should dedicate a street because if
he develops and someone across the street builds, then the City has to buy right-
of-way. Mayor Purdy and Director Stanton did not agree. One of them said that
if that street has been there for seven years the City does not have to buy the
right-of-way. Director Carlson said that she thought it would be well for the
City to know where they are approving some easements.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1938 appears on Page 210 of Ordinance and Resolution Book 3.
ORDINANCE ACCEPTING THE DEDICATION OF STREETS AND/OR UTILITY EASEMENTS
City Attorney McCord said that the problem on this has been solved. He said he
had prepared a resolution for the Mayor and City Clerk to sign an agreement with
Rene Diaz agreeing that he would give 25 ft. from the centerline of Halsell Road
if the City would agree to determine the centerline of Halsell Road at the City's
expense.
Upon request of the Mayor, the City Attorney read a proposed resolution authorizing
the Mayor and City Clerk to sign an agreement with Rene Diaz whereby Mr. Diaz
would dedicate 25 ft. from the centerline of Halsell Road for street right-of-
way and the City would agree to determine the centerline of Halsell Road.
Director Stanton moved that the resolution be approved. Director Stanton seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the resolution was approved.
*Resolution No. 78-73 appears on Page 177 of Ordinance and Resolution Book 3.
Upon the request of the Mayor, the City Attorney read a proposed ordinance
accepting the dedication of streets and/or utility easements in the large scale
development plan of Rene Diaz for a single family dwelling on property on Halsell
Road.
Director Murray moved that the rules be suspended and the proposed ordinance be
placed on second reading. Director Noland seconded the motion. Upon roll call
vote the motion was passed unanimously.
The City Attorney read the proposed ordinance the second time
Director Stanton moved that the tules be further suspended and the proposed
ordinance be placed on third and final reading. Director Carlson seconded the
motion. Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1939 appears on Page 211 of Ordinance and Resolution Book 3.
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ORDINANCE AMENDING THE GENERAL_.LAND,USE PLAN FOR .HIGHWAY 62 WEST PROPERTY ° ^•
Upon the request of the Mayor, the City Attorney read a proposed ordinance
amending the General Land Use Plan for Highway 62 West property with the
proposed ordinance to include the provision for service roads.
Director Noland moved that the rules be suspended and the.proposed ordinance3•,;
be placed on second reading. Director Murray seconded the motion. Upon roil
call vote the motion passed unanimously. .
The City Attorney read the proposed ordinance for the second time.
Director Orton stated that when the Street Committee talked about this, tey brid
intended for it to cover from the By-pass to the City Limits. She said she.titas
quite surprised when she saw that this recommendation from the Planning Commission
had stopped short of the City Limits. She stated she had asked Mr. Wood about
this and he said the Planning Commission had the impression that the Street
Committee had only meant it to go that far. She said they had always intended
it to go to the City Limits, and that to have limited access up to a certain
point and then have unlimited access from that point on
Director Stanton asked if she did not suppose that the plan stopped where it
did because the businesses already existing out there are already too close.
Director Orton said she did not and that the rest of it is R-1 on the land use
and that Mr. Wood said this took care of it that far out. She stated she felt
the Board should either send this back to the Planning Commission to complete
it, and that she hated to keep doing that, but thought the Board should get
that straightened out. She quoted the present ordinance providing for the City
to designate certain State or Federal numbered highways as controlled access
highways and said she wondered if it is possible to designate this from the By-
pass to the City Limits as a controlled access highway and then leave it up to
the Planning Convnission as to where it was designated to be located. She said the
City did this with the By-pass and that even now they are still working out as to
where these accesses should be. She further stated that if the Board so desires
that this be a limited access, they can just so designate it.
Director Stanton suggested the Board just approve the area covered in the recommenda-
tion from the Planning Commission and then ask the Planning Commission to act on
the rest of it. He said that he believed that Highway 62 would be relocated in
the future. Director Carlson explained that the purpose of Ordinance 1313 is to
make it the responsibility of whoever develops land, for whatever purpose --even
R-1, along a limited access highway to provide a service road along that limited
access highway. She quoted the section from the ordinance requiring that the
service road will connect with and join other service roads. She said she thought
the 170 ft. depth on the area shaded to designate medium density residential was
pretty shallow. She discussed the depths and the service road location and said
that to put the service road as indicated would put the back side of the apartment
right out adjacent to all the highway noise and fumes. Director Orton said that
she did not think it is, up to the Board to decide where the service road should be,
but it is up to the Planning Commission. She said the designation of the highway
is up to the Board. Director Carlson agreed with her and said she did not think
the Board should put even this much of the planin concrete. She suggested it be
handled as the City has done the By-pass and let the service road connect as the
topography and the purpose of the development and the development dictates. Director
Utley said he thought the intention here is guidance for development. Director
Stanton said, "It is not a hard and fast plan." Director Orton said that it is in
that it shows depths from the highway plan. Director Carlson said that she thought
Director Orton's idea that the Board take action to pass an ordinance naming
Highway 62 a controlled access highway an extremely good idea. She further stated
that time and consideration should be given toward designating other thoroughfares
into the City as controlled access and named some of them. Director Stanton said
the City cannot insulate against every highway. He added that there are too many
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sting structures too close to the highway.
bind Melton, Jr. suggested that the Board pass what it has received from the
`IMMIling Commission and then ask that the Planning Commission extend their
tbmmghts on to the City Limits. He called to mind the length of time it took
td ysss Ordinance 1313
Dior Carlson said she thought the Board could pass a resolution asking the
Plat Commission to continue this concept and to make a recommendation back
to the Board continuing this concept out to the City Limits and also to make a
ation to the City Board about whether they want to recommend that this
Pori on of Highway 62 West be designated a limited access.
Director Carlson moved that a resolution be adopted asking the Planning Commission
to continue this concept out to the City Limits and also to make a recommendation
to the City Board as to whether they want to recommend that this portion of
Highway 62 West be designated a limited access highway. Director Orton seconded
the motion. Upon roll call vote the following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the resolution passed.
*Resolution No. 79-73 appears on Page 178 of Ordinance and Resolution Book 3.
Director Noland moved that the rules be further suspended and the proposed
ordinance be placed on third and final reading. Director Stanton seconded the
motion. Upon roll call vote the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1940 appears on Page 212 of Ordinance and Resolution Book 3.
REPORT FROM THE MUNICIPAL PARKING AUTHORITY
Dr C Garland Melton, Jr., Chairman of the Municipal Parking Authority, delivered
a report to the Board in which he stated he recognized the City has parking problems
both in downtown Fayetteville and also in other areas of the City. He said each
parking lot has a slightly different agreement, same are owned by the City, some
are owned by the Municipal Parking Authority, and some are owned by private
individuals and merely leased by the Municipal Parking Authority. He said they
are proposing to use revenue from the lots, sell Municipal Parking Authority bonds,
refinance and put it all under the Municipal Parking Authority. He also said that
the Municipal Parking Authority has been discussing parking problems at the University
of Arkansas and Washington General Hospital with those two institutions and that
he would be back with recommendations for those two areas.
Director Carlson asked if they have touched base and found that they have a market
for the bonds. Dr. Melton said they thought they had a buyer for the bonds and
that he was not asking for approval of the bonds at this time, but would be back
for that. He said they propose to sell revenue bonds to local banks to refinance
these lots and to put all lots under one ownership. He said this would be researched
by the financial authority first and that the interest rate has delayed them.
Director Stanton commented that the interest rates are on the way down. Dr. Melton
said he was not asking for any action other than to have the Board note the report
at this time.
Director Carlson said that the City has an option to purchase some of the parking
by the City at all, but are merely leased. She said this brings out that someone
lots and is doing so; some are owned by the City outright; some are not owned
else owns them and wants the City to buy them. She added that this bears study in
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each one of the aspects. City Manager Grimes stated that the idea of wiping
out all the other odds and agreements and putting it all under one concept appeals
to him. Mayor Purdy said that accepting the report means no formal action other
than that the Board has the report and recognizes it. No motion on the report was
made. Director Carlson told Dr. Melton, "We just thank you and we will look into it."
PROPOSAL TO PURCHASE HEAT-INSULATED BOOTS
A proposal to purchase heat-insulated boots for Street Department employees who
must walk in and work with hot-mix asphalt had been placed on the agenda at the
request of Director Carlson. Mayor Purdy asked for the attitude of the Board.
Director Murray said that it appeared to him to be pure and simple administrative
proposal.
Director Murray moved that this matter be left to the discretion of the City
Manager where it belongs. Director Noland seconded the motion.
Director Carlson said that she still insisted that the Board have a report from
Mr. Grimes. She added that this is the fourth time it has come up before the
Board, a letter was written; some of the citizens of this town asked that this
be attended to. She said nothing has been done since February to provide winterized
clothing after the hard winter we went through. She also said that at the meeting
following the one at which it had been referred to the City Manager, she had asked
what was beingdone and his answer had been that nothing had been done since the
previous meeting two weeks before. Director Carlson said, "I insist that this do
come out." The Directors discussed whether this was a matter to be handled
administratively and left to the judgment of the City Manager or whether the
Board should pursue the matter further. Director Carlson said that when the
hired executive of the City does not take action on such matters, the City has
no other way to get this action except through the duly elected representatives.
Mayor Purdy said the Board had a motion and second to refer this matter to Mr. Grimes.
Director Carlson said, "It has been referred to Mr. Grimes. I want the citizens
to know this has been before Mr. Grimes " Director Stanton asked
Director Carlson if city employees were complaining. She replied that they are.
City Manager Grimes said that none of the employees have been before him and
asked Mrs. Carlson whether she had contacted them personally. Director Carlson
said that she had not. She added that any employee of this City is a citizen
of this City and they have the right to contact their duly elected representative.
Director Utley said that it is a matter for the Board as to whether it directs
Mr. Grimes to buy boots or to use his discretion. .He called for the question.
Director Orton asked if the motion directs Mr. Grimes to use his judgment as to
what should be done here. Director Utley said it does. Director Orton asked if
the motion provided that Mr. Grimes give the Board a report on this.
Director Carlson stated that they were going to vote on whether they are going to
clearly spell out that hazardous duty requires the City to provide protective
clothing. She added if the City is going to pay for a subdivider to build a
bridge and pay for luncheons and dues for City employees, it should provide
protective clothing. Director Utley said that he did not believe that the Board
would take the position that clothing would be provided for every job classification
in the City. He said he thought this was taken care of in the yearly raises given
the employees. Director Carlson said that the City provides clothing for the
Sanitation Department employees and indicated that she thought this in itself
established a policy. Director Grimes said, "There's never been a policy, Mrs.
Carlson. It's been an individual Board member getting into administrative
affairs. That's exactly what it's boiled down to. This Board has never acted
on it as a group. I work for this Board as a group, and I'm going to strongly
resist individual Board members meddling in administrative affairs of each department.
If they all did what you do, we'd have one heck of a mess."
Director Carlson said this was why she had wanted this item on the agenda, so
there could be some kind of opinion expressed by the Board.
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Director Utley commented that he thought the question involved whether the
Board would try to get into the administrative details of operating the City
or whether the Board is going to operate as a policy group and let the
administrative details be handled by the City Manager for which he has been hired.
Director Stanton said that policy has already been decided. Director Utley said
he thought the vote on this matter will determine whether this will be an
administrative matter or a matter for the Board. Director Carlson said that when
the administrative action fails to be taken, what action is there for the citizen
and why can't the citizen ask his representative to take care of it for him.
Mayor Purdy said the Board would not be voting on the question of the boots.
Director Carlson remarked that it is very clearly indirectly what the Board is
voting on. She added, "The administration action about the boots had been handled
in an administrative manner. It failed to get any action. Now we're going to
ask whether or not the directors want to back up something the citizens want."
Director Stanton said the Board had voted unanimously on an agreement with Mr.
Grimes as City Manager that no member of the Board would interfere in the day-
to-day operation of the City and that they would not interfere in the departments
of the City and a number of other things. He added that the Board had given
Mr. Grimes this assurance that the Board would set the policies and that Mr. Grimes
would run the City according to the policies the Board set. Director Carlson
said that she had not invaded his responsibilities, given any orders and had
done nothing. . .
Director Noland said this is not simply a matter to buy boots for one group
because it might open up other areas. He added that another company that had
provided such boots for its employees and the employees had refused to wear them.
Director Stanton requested the vote be taken.
Mayor Purdy directed the Clerk to call the roll Upon roll call the following
vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Stanton.
"Nays" Carlson.
There being six "Ayes" and one "Nay" the motion to leave the matter to the
discretion of the City Manager passed.
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
Upon request of the Mayor, the City Attorney read a resolution authorizing the
Mayor and City Clerk to execute a lease agreement with Tyson's Foods for hangar-
building space at Drake Field.
City Manager Grimes reported that some supplemental information had been sent
to the Board. He said there were a couple of items which he felt should be
added: 1) In the future as a new airport is built and Drake Field is no longer
used, that this building be deeded to the City or be removed if the City wants
to sell this property without a lease. He said he thought the City should have
ownership clear and freeof a lease. 2) He also suggested the it be included
in the lease that during the term of this lease they should be required to
purchase all their fuel from the fixed-base operator.
Director Carlson asked about charging them base landing feaLThere was a discussion
about whether they are charged to others. City Manager Grimes said the City has
charged them to McCullough when they are flying that large plane in and that
charter flights are charged a landing fee.
Mayor Purdy asked City Manager Grimes if he was satisfied. City Manager Grimes
said he did not feel the City is in a very good bargaining position because
Tyson's could move to another landing field. Director Carlson said she had checked
on why they have not moved to Springdale and had found that their plane is too
large and they can't operate it off the Springdale field but they can operate it
off the Fayetteville Drake Field
Mayor Purdy asked City Manager Grimes if his recommendation was that the Board
approve this lease agreement subject to the two conditions he had itemized.
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City Manager Grimes said he did.
Director Utley asked Mr.. Grimes if he felt the:revenue is increased by their
operation out of Drake Field. City Manager Grimes said he did and that they
are trying to build up a good deal of charter flights. He said because their
planes are not available they are having to spend up to $500.00 a month in charter
fees. Director Stanton said he had talked to Ray Ellis and that Mr. Ellis had
been in favor of this. He said Mr.. Ellis had thought the City should just let
them have the land and take the building at the end of the period because the
City needs that building and fuel receipts to help revenue. Director Stanton
said that Mr. Ellis had convinced him the rental fee was not as essential as
he (Director Stanton) had thought. Director Orton said the City is not making
expenses on the airport and here is one way to help out, such as $1000.00 a year
land fee which would be $74.00 a month. City Manager Grimes said that in Little
Rock they are getting $1000.00 a year but that they are entering into 40 year
leases and that by the time they get the building back it is half shot. Director
Utley said that for the agreement to include that they either remove the building
or deed it to the City is a considerable cost to Tyson's. Director Carlson
suggested that instead of charging a land rental fee, the City include a provision
for the building to be given to the City as the City's payment at the end of the
lease period. She said that if the Board followed Mr. Grimes suggestion, the
City would end up with nothing if Tyson's takes the building. City Manager Grimes
said he felt that they should be asked to either leave the building or if it is
removed, to remove it to the new airport facility. He said that would guarantee
that within 20 years, at one place or the other, the City would acquire the building.
Director Carlson said that the City charges other people for being there and
carrying on their pursuits and that Hatfield has to pay $1000.00 or more. She
said if the City does acquire this $50,000 piece of goods, it should be worth
half that at the end of the lease period. She said the City will have deferred
the acquisition of that $25,000 worth of property, but the interest earnings as
well. She said she felt the interest the. City would give up would easily be
worth $1,000. She added that the airport is costing the public $40,000 a year
that the public has to make up. She said the reason we do this is to have a
certified air carrier, Frontier, come through here. She said we don't have to
do that if we just let them "flap their wings somewhere else and just keep Skyways."
City Manager Grimes asked for an explanation of the $40,000 figure she had quoted.
Director Carlson said that by way of example the extra security protection and
the policeman's salary. She asked, "Why ask the taxpayers to further subsidize
and in this instance a private corporation which isn't even a Fayetteville corporation?"
City Manager Grimes asked, "What if they left?" Director Carlson said that she
doubted they would leave and suggested that Tyson's be asked for the land fees.
City Manager Grimes said that he has asked them. He said that Tyson's told him that
because of what they have put in the airport and that the City would get the building
in 20 years, they did not feel they should pay a land rental fee.
City Attorney McCord stated that if Mr. Grimes has asked Tyson's, he thought the
Board should take action.
Director Murray moved that the resolution to approve the lease with the amendments
suggested by Mr. Grimes be approved. Director Utley seconded the motion. Upon
roll call, the following vote was recorded:
"Ayes" Purdy, Noland, Utley, Murray and Stanton.
"Nays" Orton, Carlson.
There being five "Ayes" and two "Nays", the Mayor declared the resolution passed.
*Resolution No. 80-73 appears on Page 179 of Ordinance and Resolution Book 3.
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ORDINANCE TO ABANDON A WATER & SEWER EASEMENT
Upon request of the Mayor, the City Attorney read a proposed ordinance to
abandon a water and sewer easement granted to the City by Mrs. Cleo Morrow.
Director Murray moved that the rules be suspended and the proposed ordinance
be placed on second reading. Director Noland seconded the motion. Upon roll
call the motion passed unanimously.
City Attorney McCord read the proposed ordinance for the second time.
Director Orton moved that the rules be further suspended and the proposed
ordinance be placed on third and final reading. Director Murray seconded the
motion. Upon roll call the motion passed unanimously.
City Attorney McCord read the proposed ordinance for the third and final time.
Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
-Ordinance No 1941 appears on Page 213 of Ordinance and Resolution Book 3.
RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN ENGINEERING
CONTRACT
Upon request of the Mayor, the City Attorney read a resolution authorizing the
Mayor and the City Clerk to execute an engineering contract for the extension
of a water main along Drake Street and Highway 112 to the northern City Limits.
Director Carlson moved that the resolution authorizing the Mayor and the City
Clerk to execute an engineering contract for the extension of a water main along
Drake Street and Highway 112 to the northern City Limits be approved. Director
Utley seconded the motion.
Mayor Purdy asked for some information on this plan. City Manager Grimes told
him that this is a budgeted project in connection with the Hatfield project and
that the City will have $2000 in this.
Upon roll call vote the motion to approve the resolution passed unanimously.
*Resolution No. 81-73 appears on Page 180 of Ordinance and Resolution Book 3.
APPLICATION FOR SALE OF ALCOHOLIC BEVERAGES
City Manager Grimes said that in the other material sent to the Board was an
application by AMVETS to sell mixed drinks at a location on Highway 62 West.
He said it has been approved by the Fire Chief and by the Police Chief and
they they reported that it has been improved quite a bit in the past few months.
Director Stanton moved that the application of AMVETS Post No. 10 to sell
alcoholic beverages be approved. Director Carlson seconded the motion. Upon
roll call the motion passed unanimously.
BID FOR SLURRY SEAL STREET SURFACING
Administrative Memorandum No. 267 had been forwarded to the Board prior to the
meeting. City Manager Grimes reported that only one bid for Slurry Seal Street
Surfacing had been received and that this was from Jack Wood Construction Company
of Judsonia, Arkansas, in the amount of $.355 per square yard. He said this
figure was close to what they had expected it to be. He said a list of the streets
proposed to be slurry sealed had been prepared and furnished to the Board, but
that he and the Street Superintendent wanted to be able to add a few streets
or to delete a few ehen the contractor gets here. He said the deletions and
additions would depend on the condition of those streets at that time and the
success with the slurry seal on other streets in comparable condition. City
Manager Grimes said that he had had some success with this in other cities and
that this is just a trial. He said Fayetteville has not had much success with
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this process in the past, but that the contractor makes a lot of difference.
He said he and the Street Superintendent want to try it. He described the process
as an emulsion of oil, water and sand.
Director Stanton moved that the City Manager's recommendation be accepted and
that Bid No. 215 for Bituminous Slurry Seal be awarded to Jack Wood Construction
Company in the amount of $.355 per square yard. Director Utley seconded the
motion. Upon roll call the motion passed unanimously.
ORDINANCE AUTHORIZING USE OF CITY -OWNED PROPERTY FOR STREET PURPOSES
City Manager Grimes explained that a proposed ordinance has been prepared
authorizing the use of City owned land for street purposes. He said the strip
of land is on the South side of Sycamore Street and on the North side of City
owned park land. He said the Veterans Administration officials have indicated
their concurrence for the widening of Sycamore Street.
Director Orton asked if the City. needs to dedicate it to itself. City Manager
Grimes said it should be taken out of the land for park purposes and put in for
street purposes.
Upon request of the Mayor, the City Attorney read the proposed ordinance
authorizing the use of City owned property for street purposes.
Director Noland moved that the rules be suspended and the proposed ordinance be
placed on second reading.. Director Orton seconded the motion. Upon roll call the
motion passed unanimously.
The City Attorney read the proposed ordinance for the second time.
Director Stanton moved that the rules be further suspended and the proposed ordinance
be placed on third and final reading. Director Murray seconded the motion. Upon
roll call the motion passed unanimously.
The City Attorney read the proposed ordinance for the third and final time.
The Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded:
"Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton.
"Nays" None.
There being seven "Ayes" and no "Nays" the Mayor declared the ordinance passed.
*Ordinance No. 1942 appears on Page 214 of Ordinance and Resolution Book 3.
APPOINT ACTING CITY CLERK
City Manager Grimes told the Board that City Clerk Helen Young is in the hospital
and would not be back to work for several days. He asked the Board to take some
action to appoint Pat Tobin, Controller, to serve as City Clerk in her absence.
Director Carlson moved that City Manager Grimes' recommendation be accepted and
that Pat Tobin be appointed to serve as City Clerk in the absence of Helen Young.
Director Stanton seconded the motion. Upon roll call the motion was passed
unanimously.
REPORT ON STREET IMPROVEMENT PROJECT
City Manager Grimes reported that the street improvement projects to the Housing
Authority sites have been worked out. Director Carlson asked if this included
all the way up to the Confederate Cemetery. City Manager Grimes said that he
did not have those reports yet.
AUTHORIZE CITY MANAGER GRIMES TO ATTEND ANNUAL CONFERENCE
City Manager Grimes advised the Board that he would like to attend the Annual
International City Manager's Conference in Boston, Massachusetts, the following
wekk. He requested the Board's approval of this.
Director Stanton moved that the Board grant this approval. Director Utley seconded
the motion. Upon roll call the motion was approved unanimously.
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Director Noland referred to a letter regarding meeting an October 27th deadline
moeetingts rdealigr grant. He asked Mr. Grimes if there is any problem with
City Manager Grimes said that there is no problem, but that he did feel this
was important for the Board to know he did receive this letter and that the City
is getting right up to the deadline.
At the request of Mayor Purdy and the Board, City Manager Grimes agreed to send
an expression of sorrow and sympathy to City Clerk Helen Young.
ADJOURNMENT
There being no further business, Director Stanton moved to adjourn the meeting.
Director Utley seconded the motion, which passed unanimously whereupon Mayor
Purdy declared the meeting adjourned at 11.15 P.M.
ATTEST:
VtLityv Wt91J7 ?Gy.
City C k 0
APPROVED:
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Mayor
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