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HomeMy WebLinkAbout1975-01-21 Minutes224 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS January 21, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, January 21, 1965 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 Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. Absent: Mayor Marion Orton Others Present: Members of the audience, representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 224.1 In the absence of the Mayor, Vice -Mayor Ernest Lancaster called the meeting to order. Following a brief moment of respectful silence, the Vice -Mayor asked if there be any corrections or additions to the minutes of the January 7, 1975 meeting. There being none, the minutes were declared approved as submitted. RECOMMENDATION FROM PLANNING COMMISSION AND PUBLIC HEARING 224.2 The Planning Commission had recommended approval of a proposed improve- ment district for an off-street parking garage facility at the intersection of Church Avenue and Center and Spring Streets. 224.3 City Attorney McCord explained that a petition had been filed with the City Clerk requesting the formation of an improvement district for the con- struction of an off-street parking garage facility and that the district could not be formed unless a majority of the assessed value favored such a district. The sole purpose of the public hearing, required by law, was for the Board to hear persons desiring to -be hea±d on the sufficiency of the petition. 224.4 Vice -Mayor Lancaster opened the hearing by inviting comments from opponents of the district. Mr. Lamar Pettus, representing several land owners within the proposed district, presented the Board with a petition signed by owners objecting to the district and a petition signed by persons requesting removal of their names from the petition which stated that "our signatures were executed thereon without our being advised of the full and true legal consequences thereof..." Mr. Pettus stated that some signatures had been obtained on the petition requesting formation of the district through misrepresentation and that the petitioners had been told that no assessments would be levied on their property. He was of the opinion that a majority in assessed value would not be represented on the petition should some of the names be removed as requested. 1 224 225_, Mr. Pettus suggested that the Board conduct a series of hearings during 225.1 which those requesting removal of their names could be heard. He said he would also like to question the validity of the abstractor's certification of the assessed values. Present in the audience was Mr. Paul Lewis of Downtown Fayetteville 225.2 Unlimited who requested that the petition requesting removal of names be read aloud. The Vice -Mayor concurred with the request and instructed the City Clerk to read the petition. Following the reading of the petition, Mr. Paul Jameson, representing Mr Earl Brown, stated that his client was requesting his name be removed because he felt the facts concerning the district had been misrepresented to him. Mr. Lewis stated that he was personally responsible. for obtaining many 225.3 of the signatures on the original petition and that he had not misrepresented facts pertaining to the district. Director Todd stated that he would like to avoid involving the city as 225.4 a court of law and felt that the people requesting removal of their names from the petition present their case to the Chancery Court before the Board took any action to determine the sufficiency of the petition. The City Attorney advised that the Board would have to take action on the petition before the people could take their case to Chancery Court. Mr. Pettus urged the Board to delay further action as long as necessary 225.5 so that facts of the alleged misrepresentations could be presented. After further slight comment, Director Noland motioned to table the determination of sufficiency indefinitely until the Board had had an opportunity to review all evidence in regard to the charges of misrepresentation. The motion was seconded by Director Collier and, with one Director absent, the motion passed with a vote of s-ixe"Ayes" and no "Nays". ORDINANCE AMENDING CITY CODE The proposed ordinance would amend the City Code by allowing mobile 225.6 homes to be used as "housing for caretakers" upon approval of the Planning Commission in C-2, I-1, and I-2 zoning districts and where housing for caretakers is a use by right or a conditional use. The City Attorney read the ordinance for the first time after which 225.7 Director Purdy requested delay of further readings until. discussion had been completed. Director Hughes supported the amendment and believed the Planning Commission would give careful consideration to requests for the location of mob•ilekhomes for the accommodation of caretakers. He cited the fact that the schools had been granted the right to locate mobile homes near schools for the purpose of deterring vandalism and he believed that businesses should be granted the same privilege. Director Purdy expressed strong opposition to the amendment saying it 225.8 would open up a "pandora's box of troubles" that a future Board would have to correct. He felt the amendment would enable the location of mobile homes near every small business in town with little assurance that the homes were used for caretakers and not owner's residences. City Attorney McCord informed the Board that the City Manager had suggested 225.9 amending the proposed ordinance by deleting the provision permitting mobile homes in C-2 and adding a provision permitting the homes in P-1 (Institutional) zones. 225 226 226.1 After further discussion, Director Todd motioned that the ordinance be amended to restrict the usage to I-1, I-2, and P-1 zones and with a minimum land area of three acres with the additional restriction of permit- ting only one home per piece of property for the housing of caretakers. He felt any approvals of such housing should be restricted to the current owner and current nature of a business. The motion was seconded by Director Hughes and after further discussion the motion received a vote of three "Ayes" and three "Nays" whereupon the Vice -Mayor declared the motion failed. 226.2 Director Purdy then motioned that the rules be suspended and the ordi- nance placed on second reading. The motion was seconded by Director Noland and was passed unanimously in roll call vote of the Board. Following the second reading, Director Purdy motioned that rules be further suspended and the ordinance placed on third and final reading. The motion, seconded by Director Todd, passed unanimously in roll call vote of the Board whereupon the City Attorney read the ordinance for the final time. 226.3 Director Hughes then motioned that the proposed ordinance be referred to the Planning Commission for further consideration and suggested. restrictions. The motion was seconded by Director Noland and in roll call vote of the Board two "Ayes", cast by Directors Hughes and Noland, and four "Nays" were recorded. The motion was declared failed by the Vice -Mayor. 226.4 The Vice -Mayor then asked if the ordinance should pass In roll call vote of the Board, with one member absent, six "Nays" and no "Ayes" were recorded. The Vice -Mayor declared. the ordinance failed. 226.5 In continued discussion following the vote, Vice -Mayor Lancaster stated that the request upon which the proposed ordinance was based was a legitimate one but that the Board should not pass a.blanket ordinance without the Board being able to decide the conditions of the ordinance. Upon request of the Board, the City Attorney said he would research the matter and attempt to draft a more acceptable ordinance. ORDINANCE AMENDING GENERAL LAND USE PLAN 226.6 The proposed ordinance would amend the General Land Use Plan for an area bounded by Cleveland Street, Hotz Drive, Razorback Road , and Oliver Avenue (as if extended) by changing the recommended use from R-3 (High Density Residential) to R-1 (Low Density Residential). 226.7 The ordinance was read for the first time by the City Attorney after which Director Hughes motioned that rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Todd and was unanimously passed in roll call vote of the Board. The second reading com- pleted, Director Noland motioned that rules be further suspended and the ordinance placed on third and final reading. The motion, seconded by Director Purdy, passed unanimously in roll call vote of the Board. The ordinance was read for the final time and there being no discussion, Vice -Mayor Lancaster requested a roll call vote. The recorded vote of the Board was six "Ayes" and no "Nays" and the ordinance was declared adopted. ORDINANCE NO. 2077 APPEARS ON PAGE 258 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS 226.8 If adopted, the resolution would authorize the City Manager to execute periodic contracts enabling the City to take advantage of the Comprehensive Employment and Training Act "Negotiated On -The -Job Training Program" which would enable the city to receive federal funds to pay one-half the salary 226 227 for most employees for the first few months of their employment. Employees promoted to a new job classification within the organization would also be eligible. There being no discussion, Director Hughes motioned that the resolution 227.1 be adopted. The motion was seconded by Director Todd and was passed in a unanimous vote of six "Ayes". Vice -Mayor Lancaster declared the resolution adopted. Director Todd commended the city staff for making the arrange- ments and preparations for the program. RESOLUTION NO. 5-75 APPEARS ON PAGE 119 OF ORDINANCE & RESOLUTION BOOK IV REPORT FROM THE CITY MANAGER CONCERNING SOURCES OF REVENUE The City Manager presented a report to the Board concerning several 227.2 methods of replacing lost revenues which were generated by the five mill "Voluntary Tax" and which the city was recently enjoined from levying and collecting. Among the possibilities presented were: fire protection fees, utility franchise tax increases, vehicle tax, occupation tax, earnings tax, sales tax, and increased state turnback. Each possibility was enumerated in the agenda with its disadvantages and advantages. City Manager Grimes,•who favored the sales tax, stated that the legis- 227.3 lature might approve legislation to enable municipalities to levy a one percent sales tax. Present in the audience were representatives of the utility companies 227;4 Mr. Charles Sharlau, Arkansas Western Gas; Mr. B. I. Fouke, Southwestern Electric; and Mr. Skip Holland, Southwestern Bell Telephone -- who were present to express opposition to any increase in the utility franchise taxes. Mr. Sharlau, spokesman, enumerated three reasons why the utilities opposed any increases; the first being that the tax would be regressive and would burden low income individuals. Secondly, the increase would place additional operating costs upon the utilities. The third reason given was that the utility companies could not in good faith to their customers agree to an increase in the taxes when current franchise contracts with the city had not yet expired. During discussion, Director Noland motioned that a resolution be adopted 227.5 and forwarded to the State Legislature which expressed the Board's support of the sales tax legislation. The motion was seconded by Director Purdy and was passed unanimously by the Board. RESOLUTION NO. 6-75 APPEARS ON PAGE 120 OF ORDINANCE $ RESOLUTION BOOK IV The Board deferred action on the matter pending legislation and further 227.6 study. RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT The resolution would authorize the Mayor and City Clerk to execute a contract with Roy and Beulah Faubus to gurantee the installation of improve- ments required by ordinance number 1661. Following the reading of the ordi- nance by the City Attorney, Director Noland, seconded by Director Purdy, motioned that the resolution be adopted. In roll call vote of the Board the motion passed unanimously. RESOLUTION NO. 7-75 APPEARS ON PAGE 121 OF ORDINANCE $ RESOLUTION BOOK IV 227 227.7 2 2 b ORDINANCE ACCEPTING AND CONFIRMING DEDICATION OF STREET RIGHT-OF-WAY - Roy and Beulah Faubus 228.1 The proposed ordinance would accept and confirm street right-of-way dedication and/or utility easements in the development of Roy and Beulah Faubus located immediately north of the Williams Ford Tractor Company on Highway 71 North. 228.2 City Manager Grimes requested authorization of the Board to file necessary legal action should Mr. Faubus attempt to fence off a portion of an existing road bounding the property on the north. The road, he said, is included in Mr. Faubus' property description but that it had been opened for public use almost 70 years and had been improved by the city. Property owners of the area were present in the audience and expressed opposition to closing the road. The Board granted the City Manager the authorization to instigate legal proceedings if Mr. Faubus attempted to close the road. 228.3 The City Attorney read the ordinance for the first time after which Director Purdy, seconded by Director Noland, motioned that the rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motion passed unanimously and the ordinance was read for the second time. Director Noland then motioned that rules be further suspended and the ordinance placed on third and final reading. The motion was seconded by Director Todd and was passed unanimously whereupon the City Attorney read the ordinance for the final time. 228.4 Following slight discussion, Vice -Mayor Lancaster asked if the ordi- nance should pass and in roll call vote of the Board, with one director absent, the vote was unanimous. ORDINANCE N0. 2078 APPEARS ON PAGE 259 OF ORDINANCE & RESOLUTION BOOK IV APPOINTMENTS BY MAYOR TO BOARD COMMITTEES 228.5 Vice -Mayor Lancaster read a list of the Mayor's Board Committees. The appointments were as follows: NOMINATING COMMITTEE - John Todd, Chairman Paul Noland Al Hughes STREET COMMITTEE - Al Hughes, Chairman Ernest Lancaster WATER AND SEWER COMMITTEE - Russell Purdy, Chairman Paul Noland Ernest Lancaster SOLID WASTE COMMITTEE - Paul Noland, Chairman Russell Purdy Morris Collier Marion Orton 228 appointments to various FINANCE COMMITTEE - Ernest Lancaster, Chairman John Todd Al Hughes POLICE AND FIRE COMMITTEE - Morris Collier, Chairman Ernest Lancaster John Todd ARKANSAS MUNICIPAL LEAGUE - Morris Collier, Representative NORTHWEST ARKANSAS REGIONAL PLANNING - Russell Purdy, Representative HOUSING AUTHORITY - Marion Orton, Observer Director Todd suggested thatall directors anit the press be notified in advance to the committee meetings and that the meetings be open to the public. Director Purdy motioned to confirm the nominees and the motion was seconded by Director Todd. The roll call vote of the Board was unanimous.in favor of confirmation. CORRESPONDENCE AND OTHER BUSINESS Director Todd asked the Board to request the Community Appearance Committee to participate in a city-wide clean-up day to be held in the spring. The Board indicated its approval of such a request. City Manager Grimes announced that the city would receive construction bids for inside water and sewer improvements on February 26 at 2:00 p.m. and that bids for construction of outside city improvements would be received February 27 at 2:00 p.m. After receipt of bids he said the city would have sixty days in which to award the bids Bond bids for the projects would be received March 11 at 10:00 a.m., he reported. ADJOURNMENT There being no further Purdy, seconded by Director Upon approval of the Board, ATTEST: fl) business for the Board's consideration, Director Todd, motioned that the meeting be adjourned. the Vice -Mayor declared the meeting adjourned. Darlene Westbrook, City Clerk 229 APPROVED: P4l6 a). 2A) Marion R. Orton, Mayor 229 229.1 229.2 229.3 229.4