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HomeMy WebLinkAbout1974-12-03 Minutes1 1 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS December 3, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, December 3, 1974 at 7:30 p.m. in the Director's Room of the City Administration Building. Present: City Manager Donald L. Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; Darlene Westbrook, City Clerk; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson, and Stanton. Absent: None Others Present: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES After the call to order by Mayor Russell T. Purdy and a brief moment of respectful silence, the Mayor asked if there be any corrections or additions to the minutes of the November 5, 1974 meeting, the November 14, 1974 special meeting, and the November 19, 1974 meeting. Director Carlson requested that the minutes of the November 5 meeting be deferred for approval because she had failed to bring her suggested amendments to the meeting. Upon approval of the Board, Mayor Purdy declared that the minutes of the November 5 meeting would be deferred for approval until the next regular meeting. The minutes of the November 14 special meeting were then considered for approval. City Attorney McCord requested that the phrase "which would approve such a district" be striken from the last sentence of paragraph 184.3 and that the word "mortgagor's" be substituted for the word "owners" which appeared in the last sentence of paragraph 186.1. Director Carlson requested an amendment to the last sentence of paragraph 185.5 to cause the sentence to read: "She said a business or occupation tax..." There being no further amendments to the minutes of the special meeting, Mayor Purdy declared them approved as amended. Minutes of the November 19, 1974 meeting were approved by the Board as submitted. ORDINANCE AMENDING ORDINANCE 1747 The ordinance was left on third reading at the November 19 meeting to allow the City Attorney to redraft the ordinance to allow liquor stores as a conditional use in C-2 and C-3 zones. Included with the agenda was an opinion rendered by the City Attorney in which he concluded that "an ordi- nance at.temptiingytohgrantathenChfypthbar.ght,;torapprove or disal3provesthe location*of package liquor stores on a case by case basis, rather than an ordinance restricting the location of package liquor stores to fixed zones within the City, would be contrary to Article 12, Section 4 of the Arkansas 199 199 199.1 199.2 199.3 199.4 199.5 200 Constitution which provides in part that no municipal corporation shall be authorized to pass any law contrary to the general laws of the state." In addressing the Board, the City Attorney advised that the City could not, under the guise of zoning regulations, attempt to assume aurhority in matters which were vested to the Arkansas Beverage Control Board; i.e., location of liquor permits He further suggested that the Planning Commi- sion might make a study as to locations which would be suitable for package liquor stores. 200.1 Attorney Tom Keith, who urged the Board to obtain an Attorney General's opinion, disagreed with the City Attorney in that he believed the City could make liquor stores a conditional use in C-2 and C-3 zones. Mr. Keith, repre- senting citizens opposing the approval of a liquor permit in the Skelton Street/Highway 71 South area, requested the Board's assistance in the appeal of that permit approval. 200.2 Following further discussion, Director Utley moved to adopt a resolu- tion requesting the Planning Commission to make a study and recommend areas in the City which would be acceptable for package liquor store use and which might be zoned C -2L or C -3L. He said the zoning classifications would in- clude businesses authorized under the present C-2 and C-3 classifications but would also authorize package liquor stores. The motion was seconded by Director Noland. City Attorney McCord advised the Board that should the Planning Commission establish C -2L and C -3L zones land would have to be provided for such zoning. Mr. McCord said that once the zones were established, liquor stores would not be able to locate outsidethose zones unless the proposed location had been rezoned. 200.3 There being no further discussion, the Mayor asked if the resolution should pass. In roll call vote of the Board the resolution passed unani- mously. RESOLUTION NO. 85-74 APPEARS ON PAGE 103 OF ORDINANCE P, RESOLUTION BOOK IV 200.4 Director Carlson then motioned, seconded by Director Orton, that the City Attorney request an Attorney General's opinion as to whether or not the conditional use of liquor stores in certain zones would be in conflict with State laws. In roll call vote of the Board the motion passed unani- mously. 200.5 In discussion regarding a request by Mr. Keith for an expression of the Board's support for the case on appeal, Directors Utley and Stanton did not feel the City should address itself to the matter. Director Orton, however, felt that the Board should take into consideration the number of citizens opposing the location of the liquor store and adopt a resolution stating the Board's position in regard to the approval of a liquor permit in the Skelton Street/Highway 71 South area. 200.6 Director Utley said he did not think that it would be out of order for the Board to express the belief that the local residents should have a voice in the location of liquor permits within their area, but that any- thing beyond an expression of the Board's feelings would impose the Board in an action that had substantially progressed. 200.7 Director Stanton was of the opinion that the Board would serve no pur- pose in discussing the case on appeal and stated that he would like to have more information concerning the case before he made any conclusions. He felt that a letter to the Arkansas Beverage Control Board stating the con- cern of the Board that citizens should have a stonger voice in deciding 200 1 1 1 201 - the location of liquor permits would be the only proper action the Board could take. Director Utley favored sending a letter stating the Board's position that "the Fayetteville CityaBoard has considered present existing statutes and feel that,in principle, the will of the people should have some impact and that (the Board) has introduced measures to try to bring this about." Director Stanton objected to such a statement saying that the Board had not taken any action but had only resolved to request the Planning Commission to make a study to determine the feasibility of creating C -2L and C -3L zones. He said that he would not object to the transmittal of a letter stating that the Board was concerned that the citizens should have greater opportunity to voice their opinions concerning location of liquor permits. Mr. Keith suggested that the Board study the situation further and then adopt a resolution stating the Board's position in the matter. A decision by the Board, he said, should be based on the merits of the case and not on the fact that many citizens opposing the location attended a public meeting. He stated that he would be glad to provide the Board with necessary information regarding the case now on appeal. Following discussion, Director Carlson moved that the Board receive information regarding state regulations for liquor permit locations and any materials regarding the case on appeal, said information to be considered at the next Board meeting. The motion was seconded by Director Utley and was passed unanimously by the Board. -ThecBdardntookano action on the proposed ordinance. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Calvary Assembly of God Church The proposed ordinance had been tabled at the November 19, 1974 meet- ing pending dedication of necessary street right-of-way. City Manager Grimes again recommended that the Board not consider the ordinance in view of the fact that dedications had not yet been made. Reverend Grover Kirksey, representing the Calvary Assembly of God Church, stated that the church's governing body had met and had voted to request the Board to approve the plan as presented without street dedications. He said that the group objected to making dedications because they did not feel that there:was an immediate need or planned use for the tighteofeway. When asked if the church would be willing to grant the city an easement, Reverend Kirksey said he would have to consult his group:' -'1, - Following slight further discussion in which Director Stanton suggested the City Clerk supply Reverend Kirksey with a copy of the Large Scale Development Ordinance, the Board took no action on the proposed ordinance. RESOLUTION AUTHORIZING APPLICATION FOR COMMUNITY DEVELOPMENT FUNDS The proposed resolution, read by the City Attorney, would authorize the City Manager to file an application with the Urban Development Agency for Community Development Block Grant funds if passed, the resolution wou&d also authorize the City to begin accruing expenditures against an advance allocation of up to ten percent of the City's $853;000 allocation for the 1975 fiscal year. There being no discussion, Director Noland moved that the resolution be adopted. The motion, seconded by Director Orton, was approved unanimously by the Board. RESOLUTION NO. 86-74 APPEARS ON PAGE 104 OF ORDINANCE 8 RESOLUTION BOOK IV MM 201 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 202 RECOMMENDATION FROM COMMUNITY APPEARANCE COMMITTEE 202.1 Mr. Steve Brown, University of Arkansas architecture student and project designer, presented to the Board plans for the landscaping of the median strip along Arkansas Avenue. Instead of cutting all of the existing trees, Mr. Brown said the new proposal calls for the replacement of only dead trees and the raising of the median curb up to twelve inches. 202.2 Financing of the project, Mr. Brown said, would be accomplished by a $5,000 donation from Suzanne Lighton which would be matched by the City. Funds in excess of the project's cost would be applied to the burying of utility cables and the replacement of some lighting fixtures. 202.3 After some further discussion, Director Murray motioned to approve the recommendation and Director Carlson seconded the motion. In roll call vote of the Board, the motion passed unanimously. PRESENTATION OF RECOMMENDATIONS FROM CITIZEN PARTICIPATION COMMITTEE 202.4 The Citizen's Participation Committee had submitted a detailed report which summarized the committee's findings and recommendations. 202.5 Director Carlson commented that the committee had done an excellent job and expressed hope that future boards would try to implement the recommendations made by the committee. Mrs. Lona Benedict, member of the committee, was present in the audience and requested that the report be made public. 202.6 Director Noland moved that the Board adopt a resolution commending the committee for its work and the motion was seconded by Director Stanton. In roll call vote of the Board, the motion passed unanimously. RESOLUTION NO. 87-74 APPEARS ON PAGE 105 OF ORDINANCE & RESOLUTION BOOK IV 202.7 Director Orton asked that the Board consider the Citizens Participation Committee recommendations pertaining to procedures for the nomination of various committee members and suggested that the Board appoint a committee to study the recommendations and the possibility for adopting some of the procedures suggested in the report. The Board approved a recommendation from the Mayor that members -elect of the Board of Directors be appointed to serve on the committee, whereupon the Mayor appointed Mr. John Todd to chair the committee comprised of Mr. Morriss Collier, Mr. Ernest Lancaster, and Mr. Al Hughes. RESOLUTION AUTHORIZING EXPENDITURES OF FUNDS FOR EXTENSION OF SEWER LINE 202.8 The resolution, read by the City Attorney, would authorize the ex- penditure of $2,100 from the Water and Sewer Budget Operating Surplus for the extension of sewer lines on Prospect and Highland Streets. Director Murray, seconded by Director Noland, moved the resolution be adopted. 202.9 City Manager Grimes explained that the sewer line, which serves a private line, presently serves six residents and that the residence at the lower end of the line becomes flooded when the line stops up. He said easements for the project could be obtained and that -the portion extended by the City would become part of the public line**(insert below) 202.10 Directors Stanton and Utley did not feel the City should establish precedence by attempting to repair a private line and would place itself in ** the position of defending resection of future requests.for similar extensions. Director Carlson commended the City Manager for recommending that the city make a start towards establishing adequate sewer lines on all existing city street which she regarded as a high priority; long overdue responsibility of the city. 202 1 On recommendation from the City Manager, the motion was moved to be tabled by Director Noland. The motion was seconded by Director Orton. The original motion for the adoption of the resolution was withdrawn by Directors Murray and Noland. In roll call vote of the board the motion to table the resolution was passed with one abstaining vote cast by Director Carlson. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE PERPETUAL USE AGREEMENT 2(J3;. 203.1 The City Attorney read the proposed resolution td'gdthoriize a *Perpetual 203.2 agreement with the Frisco Railroad which would allow the City to cross under the railroad tracks on Government Avenue with a six inch water line for which the City wouldp'aya Frisco Railroad $50.00. A motion to adopt the reso- lution was made by Director Stanton and seconded by Director Noland. During discussion, Director Utley asked if the agreement would allow 203.3 only the six inch line to which the City Manager replied that a new agree- ment would have to be reached for the installation of a larger line. Mr. Grimes said that a new agreement would not be necessary if the City could obtain approval for the installation of a larger casing which would accom- modate larger lines that may be installed in the future. .Director Stanton withdrew his original motion to adopt the resolution203.4 upon a motion from Director Utley to ad'op'.tthe .resp Nition•witth.ran amendment which. would,:permitaa: i'24 inch sleeve for the water line contingent upon approval of the Frisco Railroad. The motion Was secondedtby,Director 0r'ton'.and:was passedd.urianimously.byuthe'Boardy tMaybr Purdy declared the resolution adopted as amended. RESOLUTION NO. 88-74 APPEARS ON PAGE 106 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AMENDING CITY'S TRUST AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION City Manage" RGrimes explained that the resolution would approve minor amendments to ballade to the trust agreement with the International City Management Association Retirement Corporation in which the City participates. The amendments,: ;u:1, Mr. Grimes said, would help streamline the original plan but would not alter the City's contribution obligation. Following the reading of the resolution by the City Attorney, Director Murray moved adoption of the resolution The motion was seconded by Director Orton and was passed unanimously by the Board. 203.5 203.6 RESOLUTION NO. 89-74 APPEARS ON PAGE 107 OF ORDINANCE F, RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS REQUEST FOR WAIVER OF MASTER STREET PLAN - Industrial Finance Company The Board was provided with correspondence from the Planning Administrator 203.7 which stated that the Board of Adjustment had held a special meeting on December 2, 1974 and had voted to waive the five-foot zoning setback require- ments to allow the construction of the Mc'Ilroy Bank Plaza. An additional setback of 21 feet would be needed to meet the Major Street Plan requirement; therefore, in order that the plaza might be constructed to the property line, Industrial Finance Company requested a waiver of the Master Street Plan for North East Street. 203 204 204.1 Mr. Chuck Hoffman of the Building Inspection Office stated that the Board of Adjustment approved the setback based on the existing street width of 55 feet; and, if the Master Street Plan, which requires a 60 foot wide collector street, were not waived, the proposed plaza would encroach upon the street right-of-way by 21 feet. 204.2 Mr. Hayden Mcllroy and Mr. Roy Clinton were present in the audience to represent Industrial Finance Company. To support the request they re- minded the Board that the waiver of the Master Street Plan would allow the construction of the plaza to be aligned with the existing bank building to the north and stressed that the construction of the plaza would be bene- ficial to the development of the square. They cited that the existing sidewalk on East Street was eight feet wide and that a waiver of 21 feet would not necessarily narrow the street. 204.3 Several members of the Board indicated that they were hesitant to grant the waiver before they had had sufficient time to study the request and the architectural plans for the structure. 204.4 Industrial Finance representatives were also concerned that an ordi- nance requiring the installation of fire sprinkler systems in buildings of four or more stories or in excess of 50 feet in height had been passed almost six months ago and was thought to become effective December 4, 1974. Should the ordinance become effective before a waiver was granted and a building permit acquired, the representatives were concerned that plans for the structure would have to be altered and the cost of construction increased. 204.5 The Mayor then called a short recess during which members of the Board were given the opportunity to view the architectural plans for the building. Also, the ordinance requiring fire sprinkling systems, passed June 4, 1974, was examined by the City Attorney and was found to have been published June 23, 1974. Upon conclusion of the recess, City Attorney McCord ad- vised the Board that, in his opinion, the effective date of the fire sprinkling ordinance would become effective 6 months from its date of publication, or December 23, 1974. 204.6 Following further discussion, Director Utley motioned to table the request until December 17 in order that the Board might have sufficient time in which to study the request. The motion was seconded by Director Murray and was passed unanimously by the Board. ORDINANCE WAIVING FORMAL BIDDING REQUIREMENTS - Rock Salt 204.7 City Manager Grimes said the salt, to be bought in bulk and stored in the old incinerator building, would be used by the Street Department for snow and ice removal during the winter months. In reply to a question from Director Carlson, Mr. Grimes said that financial and storage problems had prevented an earlier purchase of the salt. He then recommended that the Board adopt an ordinance waiving bid requirements and that aquotation award in the amount of $3,874.86 be made to the American Salt Company of Kansas City, Missouri. 204.8 The City Attorney then read an ordinance to waive formal bidding re- quirements after which Director Noland moved that rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Murray and was passed unanimously by the Board. Following the second reading, Director Murray, seconded by Director Noland, moved to further suspend the rules and place the ordinance on third and final reading. The 204 r 1 1 motion was passed unanimously in roll call vote of the Board and the ordinance was read for the third and final time. Mayor Purdy asked if the ordinance should pass and in roll call vote of the Board seven "Ayes" and no "Nays" were recorded whereupon Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2071 APPEARS ON PAGE 230 OF ORDINANCE $ RESOLUTION BOOK IV Director Carlson then motioned to accept the City Manager's recommen- dation for award of cqu`dtatithi o the American Salt Company in the amount of $3,874.86. The motion was seconded by Director Orton and was unanimously passed by the Board. STATEMENT OF CITY MANAGER'S INTENT TO EXPEND FUNDS TO HELP FINANCE OLD POST OFFICE RESTORATION STUDY City Manager Grimes reported to the Board that it was his intent for the City to help finance a restoration study of the Old Post Office Building which is being conducted by university students under the supervision of Mr. Mort Karp. He said the City would help finance the gathering of information pertinent to the restoration and that expenditures would remain within spending limitations. Upon completion of the study, copies.ofcthe'study would be made available for the Board's inspection. The Board voiced no opposition to the City Manager's plans. Director Carlson expressed the hope that the study would consider the preservation of historical appoint- ments of the building. ADJOURNMENT There being no further business for the Board's consideration, Director Stanton moved that the meeting be adjourned. The motion was seconded by Director Murray and was unanimously approved by the Board. The meeting was adjourned by the Mayor. ATTEST: v Darlene Westbrook, City Clerk 205 APPROVED: Russell T. Purdy, Mayor .00 2u5-. 205.1 205.2 205.3