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HomeMy WebLinkAbout1974-12-17 Minutes200 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS December 17, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, December 17, 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 Cthers Present: Members of the audience, and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 206.1 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 meeting. Copies of the minutes had been distributed to each Board member prior to the meeting. 206.2 Director Carlson requested that the second sentence in paragraph 177.4 be amended to read: "...should be clearly stated in the documents as obli- gations for the lessee..." Carlson also requested that the last sentence of paragraph 177.4 be amended to read: "...the differences between addi- tional and basic rents, and their relationship to conditions of default." 206.3 An addition to paragraph 177.7 was requested by Carlson to cause the paragraph to read. "Director Murray then motioned to place the ordinance before the Board for its vote with the understanding that payments in lieu of taxes would be assured by a separate instrument, and that reimbursement of all city expenditures would be insured in this instrument. Director Orton seconded the motion." 206.4 There being no further changes or additions, Mayor Purdy declared the minutes of the November 5 meeting approved as amended. Minutes of the December 3 meeting Were' then considered. 206.5 City Attorney McCord requested the last sentence of paragraph 199.5 be amended to read: "He further suggested that the Planning Commission might make a study as to zones which would be suitable for package liquor stores." Director Orton requested that the first sentence of paragraph 202.7 be changed to read: "Director Orton asked that the Board consider the Citizens Participation Committee recommendations..." 206.6 An addition to paragraph 202.9 was requested by Director Carlson to read: "Director Carlson commended the City Manager for recommending that the city make a start towards establishing adequate sewer lines on all existing city streets which she regarded as a high priority; long over- due responsibility of the city." Carlson then requested that the word "bid" be striken in paragraphs 204.7 and 205.1 and the word "quotation" substituted. 206.7 Mr. John Todd, Director -Elect, cited the deletion of Ernest Lancaster's name as a member of the committee to study Citizens Participation Committee recommendations and requested that the name be included in paragraph 202.7 206.8 With approval of the Board, Mayor Purdy declared the minutes of the December 3 meeting approved as amended. 206 1 1 1 r 1 1 207 REQUEST BY RESIDENTS OF SKELTON STREET At the December 3, 1974 meeting, attorney Tom Keith, in behalf of the residents of Skelton Street, had requested an expression of the Board's position regarding a proposed liquor store permit application involving the Skelton Street/Highway 71 South intersection. Mr. Keith was present in the audience and explained that the residents were requesting a resolution stating the Board's opposition to the permit and proposed liquor store, and also that the Board intervene in the litiga- tion underway to appeal the decision of the Arkansas Beverage Control Board to approve the permit. He emphasized to the Board that should the City intervene in the appeal :':a: the City would not be entering at the appellate stage of the litigation since it is a trial de novo. Mr. Keith stated that he felt the City should intervene in ahe..at.tempttto preserve the current situation at the intersection until the Planning Commission had completed a study of proposed zoning changes pertaining to the location of liquor stores in C-2 and C-3 zones. The Board then discussed the procedure established by law for the notice of liquor permit applications to be given to the governing body of the city in which the permit is being requested. Director Carlson asserted that the City Board of Directors had not received proper notice of the appli- cation for a permit at Skelton Street and had not been given proper opportunity to protest the permit. The City Manager informed the Board that notice of the application had been received by his office and that the notice had been forwarded to the Chief of Police for his consideration and action. Mr. McWethy, Administrative Assistant, stated to the Board that he had spoken to the director of the ABC by telephone and had asked him to send an exact duplicate of the original correspondence concerning the permit and that the original correspondence had been addressed to the City Manager and not to the Board of Directors. Mr. McWethy said the only formal notice received was a copy of the permit application. The City Attorney reminded the Board that the issue to be considered was not whether or not the Board had received proper notice of the appli- cation, but rather if the Board wanted the City to intervene in the litiga- tion. If the City wished to intervene, the City Attorney said he would take the necessary legal steps for such an intervention. He said a reso- lution that might be adopted by the Board stating the Board's opposition to the permit would probably be submitted as evidence, during the appeal. Mr. McCord further stated that he was of the opinion that it was not.the responsibility of the Board to express an opinion concerning the permit during the litigation and recommended that the Board table the matter until completion of litigation. Director Orton felt it would be consistent with the Board's intentions to make a statement concerning the case. Such a statement, she said, would state that the Board feels that Fayetteville citizens should be heard when they express opposition to location of liquor stores. She said it could also statethe means by which the City had taken to assure that its citizens did have more voice in such matters. She felt the statement, which could be directed to the ABC board and legislators, would not inject the City into particulars of the case but would be a statement of policy that the Board would like to strengthen in the future. 207 207.1 207.2 207.3 207.4 207.5 208 208.1 Director Murray felt the adoption of a resolution would not be necessary since the Board's deliberations on the matter would be reflected in the minutes of recent meetings. "For us to place something that would influence litigation -- that is not the responsibility of the Board.", he said. Director Utley agreed with Murray and empahsized that the Board had "started the wheels rolling" to adopt measures to limit location of liquor stores to specified areas by requesting the Planning Commission to study and recommend suitable zones for liquor store locations. 208.2 Director Noland felt a letter, as suggested by Director Orton, would be helpful but thought the Board should have an Attorney General's opinion to strengthen the letter. 208.3 Director Carlson again stated that the Board had not had the opportunity to express any opposition to the application in question and believed that the director of the ABC was still obligated to present a letter of notice of the application to the Board. She felt that future notices of liquor permit applications should be directed to the City Board of Directors. 208.4 In view of the fact that the permit was involved in litigation, Director Murray moved that the matter be tabled pending outcome of the liti- gation and receipt of an opinion from the Attorney General regarding loca- tion of liquor stores. The motion was seconded by Director Stanton. 208.5 Mr. Keith again made a plea for the Board's intervention in the litiga- tion as it was his contention that the City had a direct responsibility to its citizens for protecting areas of the city from objectionable and detri- mental uses. 208.6 When asked by the Mayor if the City had the responsibility to intervene, the City Attorney advised that a decision to intervene would be a policy matter and not a legal matter. Director Stanton did not feel the City should intervene in the case since there were no City ordinances regulating the location of liquor stores. 208.7 There being no further discussion, Mayor Purdy requested a vote on the motion to table the matter until receipt of the Attorney General's opinion and completion of the litigation. During roll call vote of the Board, five directors voted "Aye" and two, Directors Orton and Carlson, voted "Nay". Mayor Purdy declared the motion passed and the matter tabled. ORDINANCE WAIVING MASTER STREET PLAN REQUIREMENTS - Industrial Finance Corp. 208.8 The request of Industrial Finance Corporation for a waiver of the Master Street Plan for North East Street was tabled at the December 3 meeting pending further study of the request. 208.9 Representing Industrial Finance Corporation was Mr. Hayden Mcllroy who introduced Mr. John Carpenter, architect for the Mcllroy Bank expansion project. Mr. Carpenter stated that in pursuit of developing the corner of North East Street, his firm had considered and followed the city's code and had designed the project with the understanding that North East Street had a 55 foot right-of-way as presented in Urban Renewal documents. 208.10 During discussion Director Orton stated that she did not feel it was right for some people to have to abide by the Master Street Plan while others obtained variances to the plan. She suggested,and later moved, that the planning staff study the Master Street Plan in the downtown area as soon as possible and submit recommendations. The motion died for lack of a second. 208.11 Commenting from the audience, Dr. Garland Melton reminded the Board that the City had agreed to follow the Urban Renewal plan which represented North East Street as a 40 foot wide street within a 55 foot right-of-way. He stated that it would not be feasible to construct a 60 foot street within 208 1 1 3 209.. • the space along the street. Director Utley was of the opinion that the City would "make a big mistake" if it failed to grant the requested waiver and stated that the street currently had enough space for three lanes. He suggested that the Board review other downtown streets at subsequent Board meetings. During further discussion, City Manager Grimes stated that the Inspec- 209.1 tion Department had determined that the plans for the development were -sub- mitted prior to passage of the ordinance requiring installation'of sprinkler systems in buildings exceeding SO feet in height or more than four stories in height and that a building permit could be issued as soon as the waiver was granted withoutsther.requirement of a sprinkling system. The City Attorney then read the ordinance for the first time after which 209.2 Director Stanton moved that rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motion was passed by a vote of six "Ayes" and one "Nay" which was cast by Director Orton. The ordi- nance was read for the second time. Director Orton then stated that the decision before the Board was an important one and that a decision in favor of granting the waiver would be contrary to what the Board had done before in assuming planning decisions without recommendations from the regional planning staff. Since the decision would affect a main street in the down- town area, Director Orton favored leaving the ordinance on second reading. Director Murray, seconded by Director Noland, moved that the rules be 209.3 further suspended and the ordinance placed on third and final reading. In roll call vote of the Board six directors voted "Aye" and one, Director Orton, voted "Nay". Mayor Purdy declared the motion passed and the City Attorney read the ordinance for the third and final time. During discussion, Director Carlson moved that the Master Street Plan 209.4 be amended to reflect,a 55 foot right-of-way from Meadow Street to Rock Street one block south of the square. The motion died for lack of a second. Director Stanton then moved that the Master Street Plan be amended to show a 55 foot right-of-way from Center Street to Dickson Street. The motion was seconded by Director Noland. Upon roll call vote of the Board, six directors voted "Aye" and tone; .Dire'ctor Carlsonp voted '!Nay'td.:`-c Mayor Purdy declared the motion passed. The Mayor then asked if the ordi- nance should pass as amended and the recorded roll call vote was five "Ayes" and two "Nays" which were cast by Directors Orton and Carlson. ORDINANCE NO. 2072 APPEARS ON PAGE 231 OF ORDINANCE $ RESOLUTION BOOK IV During further discussion, Director Orton motioned that a study of plans for downtown streets be made and recommendations submitted. The motion was seconded by Director Utley and was passed unanimously by the Board. ORDINANCE AMENDING LARGE SCALE DEVELOPMENT ORDINANCE The proposed ordinance would exclude three types of developments (a single family residence on an individual lot or parcel in an A-1 or R-1 Zoning District; an addition.3to an existing non-residential structure that met certain standards; and most prefabricated moveable accessory buildings) from the necessity of street right-of-way dedications The requirement of such dedications involving such developments was ruled by the City Attorney as constituting a taking of private property without just compensation un- less the developments were generators of appreciable additional traffic. 209 209.5 209.6 210 The ordinance would also delete the dedication requirements for additions to a single family residence or an accessory structure for a single family residence. 210.1 The City Attorney read the ordinance for the first time after which Director Stanton moved that the rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Murray and was unanimously passed in roll call vote of the Board. Following the second reading, Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. The motion, seconded by Director Stanton, was passed unanimously by the Board. The City Attorney read the ordinance for the third and final time. 210.2 Director Carlson motioned, seconded by Stanton, to delete the word "or" appearing in Section B of the ordinance. The motion was passed unanimously by the Board. The Mayor then asked if the ordinance should pass as amended. Upon roll call vote of the Board the ordinance passed unanimously. ORDINANCE NO. 2073 APPEARS ON PAGE NO. 232-233 OF ORDINANCE P, RESOLUTION BOOK IV RESOLUTION AMENDING CITY'S PERSONNEL POLICY 210.3 City Manager Grimes explained that passage of amendments to the Fair Labor Standards Act which subjected municipalities to regulations of the Fair Labor Standards Act made it necessary for the City to amend some portions of its personnel policy. The City Attorney, at the request of the City Manager, read a resolution which would adopt certain personnel policy amendments. Director Noland noted editorial corrections that needed to be made. 210.4 During discussion the Board discussed sick leave and vacation accrual and second employer provisions of the policy. Following the discussion, Director Stanton motioned to adopt the resolution and to amend Section 5 of the Personnel Policy to specify non-exempt personnel. The motion was seconded by Director Orton and was passed unanimously by the Board. RESOLUTION NO. 90-74 APPEARS ON PAGE 108 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING EXPENDITURES PENDING ADOPTION OF 1975 GENERAL BUDGET 210.5 City Manager Grimes reported that the budget was still in preparation and recommended that the Board approve a resolution authorizing the expend- iture of general funds up to ten percent of the 1974 budget until adoption of the 1975 General Budget. Following the reading of the resolution Director Murray motioned for its adoption. The motion was seconded by Director Utley and was passed unanimously by the Board. The Mayor declared the resolution adopted. RESOLUTION NO. 91-74 APPEARS ON PAGE 109 OF ORDINANCE t RESOLUTION BOOK IV ORDINANCE AMENDING ORDINANCE 1965/RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS 210.6 The proposed ordinance and resolution were in reference to inside and outside City water and sewer improvements. The City Manager recommended that the items be tabled and be considered in a special meeting of the Board on December 23. A motion to table the items was made by Director Stanton and seconded by Director Utley. In roll call vote of the Board, the members voted unanimously to table the items. 210 1 1 211 RESOLUTION APPROVING ISSUANCE OF REVENUE BONDS FOR BEAVER WATER DISTRICT Mr. Dick Starr, Manager of the Beaver Water District, appeared before the Board and explained that an additional $2 million in revenue bonds needed to be issued in order to finance the expansion of facilities for the district. He reported that the bonds would be short term and would be callable in 1978 with an interest rate of six percent. In answer to a question from the Board, Mr. Starr stated that he thought the -district could hold the existing rates now being charged for its water. Following a short question and answer period, the City Attorney read the proposed resolution which was moved for adoption by Director Noland. Director Murray seconded the motion and the motion passed unanimously in roll call vote of the Board. RESOLUTION NO. 92-74 APPEARS ON PAGE 110-113 OF ORDINANCE 4 RESOLUTION BOOK IV • 211.1 211.2 ORDINANCE ACCEPTING AND CONFIRMING DEDICATION OF STREET RIGHT -OF -WAY -Stearns Road The City Manager reported that General Growth Properties had requested that the item be tabled until early January to give parties involved time for further consideration of dedication details. During discussion Director Utley expressed his opinion that the Board had been mislead in previous discussions concerning Stearns Road and felt that the City should take action to condemn property for the frontage road. Director Stanton, seconded by Director Orton, moved that the item be tabled. In roll call vote of the Board the motion passed unanimously. Director Utley moved that the next agenda include the condemnation of the frontage road but the motion died for lack of a second. APPOINTMENTS TO CITY BOARDS Director Stanton, Chairman of the Board Nominating Committee, submitted the names of Bill Kisor and John Lineberger as nominees to fill the vacancies of the Planning Commission created by the resignations of Directors -Elect Ernie Lancaster and Al Hughes. Director Orton objected to submission of the names contending that the Board Nominating Committee had not met formally to consider the nominations. She further stated that the names being submitted were not contained on a list of nominees given to the City Manager's Office and that the nominees would have conflict of interests if chosen to serve on the Planning Commission. Director -Elect Morris's. Collier felt the appointments should be delayed until new criteria for the selection of committee members had been established while Director -Elect Al Hughes felt the appointments should be made immediate- ly -because of important items scheduled to come before the Planning Commission at the first of the year. During further discussion, Director Carlsonecontended that "...one of these is guilty of trying to subvert the ordinances of the City of Fayetteville and I don't think that kind of person should be on our Planning Commission." Director Stanton cautioned Director Carlson that she was making serious accusations to which she replied, "Yes, I am, and I can prove them." After further slight discussion, Mayor Purdy requested a roll call vote of the Board upon a motion made by Stanton and seconded by Murray to accept the nominations. Upon the roll call vote five directors voted "Aye" and two, Directors Carlson and Orton, voted "Nay". Mayor Purdy declared the motion passed and the nominations approved. 211 211.3 211.4 211.5 211.6 211.7 211.8 211.9 212 SWEARING -LN OF NEW BOARD OF DIRECTORS 212.1 Municipal Judge Richard Wells administered the oath of office to newly elected Board members who will take office January 1, 1975. Those taking the oath were Marion R. Orton, Paul R. Noland, Russell T. Purdy, Al Hughes, Ernest Lancaster, John Todd, and Morris Collier. ADJOURNMENT 212.2 There being no further business, Director Stanton moved that the meeting be adjourned. The motion was seconded by Director Murray and was unanimously passed in roll call vote of the Board. The Mayor declared the meeting ad- journed. ATTEST: Darlene Westbrook, City Clerk 212 APPROVED: R� 7 �or,2,:i ussell T. urdy, Mayor