Loading...
HomeMy WebLinkAbout1975-02-18 Minutes1 1 239 j MINUTES OF A REGULAR MEETING OF THE BO February 18, 1975 • o OF DIRECTORS The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, February 18, 1975, at 7.30 p.m. in the Directort Room of the City Administration Building. Present: City Manager Donald L. Grimes, Administrative Assistant David McWethy; City Attorney, Jim McCord; Darlene Wbstbrook, City Clerk; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Marion Orton, Morris Collier, and Russell T. Purdy. Absent: None Others Present: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion R. Orton. Following a 239.1 moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the February 4 regular meeting and the February 11 special meeting. Director Todd requested a correction to the last sentence of paragraph 7239; 2 232.1 to indicate "Mrs." Lilie Johnson and that the word "more appearing in the last sentence of paragraph 232.4 be changed to "less". Director Hughes noted that a member of the audience was incorrectly recorded as Bobby Morgan and that the name, appearing in paragraph 232.6 should be changed to read "Wallace Johnson". In regard to the minutes of the February 11, 1975 special meeting, Director 239.3 Noland requested that the last sentence of paragraph 236.4 be amended to read: "...the committee strongly favored emphasis on owner -occupied housing..." Mayor Orton requested an amendment to the fourth sentence of paragraph 238.1 to cause it to read: "...would attract a large crowd and the board room would not hold the added number of people." There being no further amendments necessary, the minutes were approved 239.4 aseathadbd. ORDINANCE ACCEPTING AND CONFIRMING DEDICATION OF STREET RIGHT-OF-WAY and RESOLUTION AUTHORIZING CITY MANAGER TQ PROCEED WITH RIGHT-OF-WAY ACQUISITION AND ROADWAY CONSTRUCTION - Stearns Road Mr. David Malone, present in the audience representing General Growth Properties, informed the Wrdthat General Growth and Mr. Duane Nelson had reached a tentative agreement concerning the frontage road whereby General Growth would acquire the right-of-way for the frontage road and would pave the road after the necessary right-of-way had been dedicated to the city. He'requested that the Board take no action on the matter until the agree- ment had been finalized. Mr. Malone stated that both parties expected the agreement to be completed by March 1. Director Purdy motioned that the ordinance and resolution be tabled pending finalization of the agreement. Director Hughes cited £hat . .. 239 239.5 239.6 240 the matter had been tabled several times within the last year and suggested that the City Manager and City Attorney be instructed to prepare an ordinance for the condemnation of the right-of-way and have the ordinance available for the Board's consideration at its next regular meeting if the agreement is not finalized. Mr. Malone said he had not received a formal commitment from General Growth to pave the road but that he had every reason to believe that General Growth would pave the frontage road. 240.1 Director Purdy's motion to table the ordinance and resolution was seconded by Director Todd and following slight further discussion, was unanimously approved in roll call vote of the Board. ORDINANCE AMENDING SIGN ORDINANCE 240.2 The proposed ordinance, read for the first time by the City Attorney, would provide for the establishment of a Board of Sign Appeals and would more clearly define the term "lot". City Attorney McCord explained that several more amendments to the sign ordinance were being considered and suggested that the Board might table the ordinance until all amendments could be incorporated into one ordinance. A motion from Director Hughes to table the ordinance was seconded by Director Purdy but was subsequently withdrawn when members of the Board expressed the desire to discuss aspects of the proposed ordinance. 240.3 City Manager Grimes stated that the ordinance had been drafted in order to provide an appeals procedure and alleviate the necessity of appellants having to secure legal counsel to appeal their cases in court. Director Collier, who stated that he opposed the Board of Sign Appeals, suggested that the present sign ordinance be revamped to alleviate problems that had been experienced in the past. Director Todd agreed with Collier and further stated that he objected to appeals being made to a non -elected body. He and Director Collier favored bringing appeals before the Board on an interim basis. Mrs. Sylvia Swartz, present in the audience, felt the creation of the appeal board would weaken the entire sign ordinance; and Mr. Ronnie Woodruff, also in the audience, felt the appeals procedure could be a.secondary responsibility of an existing group. 240.4 Following further discussion, Director Noland motioned to amend the ordinance by deleting all of Section 2. The motion was seconded by Director Todd. The motion and second was withdrawn after discussion concerning the definition of "lot" in which several Board members felt the definition to be vague. The City Attorney assured the Board that he would continue to work with the ordinance and submit a revised draft that might be more acceptable to the Board. Discussion completed, the ordinance was left on first reading. ORDINANCE REZONING PROPERTY - Patrick J. Tobin, petitioner 240.5 The proposed ordinance, read by the City Attorney for the first time, would rezone a 2.91 acre tract of land located at 20 - 60 East Township Road from I-1 Heavy Commercial and Light Industrial to C-2 Thoroughfare Commercial. Following the first reading, Director Hughes motioned that the rules be suspended and the ordinance placed on second reading. The motion, seconded by Director Todd, passed in unanimous vote of the Board. The second reading completed, a motion made by Director Purdy to further suspend the rules and place the ordinance on third and final reading was seconded 240 1 r 1 by Director Hughes and passed unanimously in roll call vote of the Board. In brief discussion following the third reading, the Board agreed that the rezoning would be acceptable. Mayor Orton asked if the ordinance should pass and in roll call vote of the Board, the ordinance passed unanimously. ORDINANCE NO. 2082 APPEARS ON PAGE 263-264 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION SETTING DATE FOR PUBLIC HEARING - Alley Closing City Attorney McCord stated that a petition had been duly filed by the Board o "Trustees of the University of Arkansas to close portions of two alleys located in the J. H. Mcllroy U of A subdivision and that a resolution needed to be adopted to direct the City Clerk to publish notice of public hearing to be held March 4, 1975 at 7:30 p.m. The resolution was read by the City Attorney after which Director Purdy motioned that the resolution be adopted. The motion was seconded by Director Hughes and was unanimously approved in roll call vote of the Board. 24..1" 241.1 241..2 RESOLUTION NO. 10-75 APPEARS ON PAGE 124 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Donal L. and Gilford L. Heckathorn The proposed ordinance, read by the City Attorney for the first time, 241.3 would approve the large scale development plan of Donal L. End Gilford L. Heckathorn for ,property located at 1790 Birch Avenue and would accept and confirm dedication of street right-of-way. Following the first reading, Director Purdy motioned thattrules be suspended and the ordinance placed on second reading. The motion, seconded by Director Hughes, passed unani- mously in roll call vote of the Board. The second reading completed, Director Hughes motioned to further suspend the rules and place the ordi- nance on third and final reading. Seconded by Director Todd, the motion. passed in unanimous roll call vote of the Board. The ordinance was read for the final time. Mayor Orton asked if the ordinance should pass and in roll call vote of the Board the ordinance passed unanimously. ORDINANCE NO. 2083 APPEARS ON PAGE 265 OF ORDINANCE F RESOLUTION BOOK IV RESOLUTION SETTING DATE FOR PUBLIC HEARING - Street Closing The resolution, read by the City Attorney, would set March 4, 1975, at 7:30 p.m. as the date for a public hearing on a petition to close a portio of Company Street between Vinson and Read Avenues. A motion to adopt the resolution was made by Director Noland, seconded by Director Purdy, and unanimously passed in roll call vote of the Board. RESOLUTION N0. 11-75 APPEARS ON PAGE 126-127 OF ORDINANCE $ RESOLUTION BOOK IV APPOINTMENTS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS Director Todd, Chairman of the Board Nominating Committee, presented the Nominating Committee recommendations for appointments as well as recommendations for minor changes. A motion to accept the recommendations 241 241.4 241.5 242 242.1 was made by Director Hughes and seconded by Director Noland and was unani- mously approved in roll call vote of the Board Recommendations for appoint- ments and the changes approved are as follows: (3) (4) The name of the "Board of Housing Appeals" be changed to "Board of Construction Appeal". Terms of appointment to the Housing Appeal Board be changed from indefinite to three-year terms causing the following terms of members to expire: J. E. McClelland Chester House (New Appointee) March March March 1, 1976 1, 1977 1, 1978 The Industrial Park Committee be composed of five members appointed by the City Board of Directors with the Executive Director of the Fayetteville Chamber of Commerce serving as an additional ex -officio member. The term of office would be three years, except that two of the five members -- appointed in 1975 -- would have two-year terms the first time in order to stagger expiration dates. That the following appointments be made: COMMITTEE Airport Study Committee Board of Construction Appeal Board of Construction Appeal Community Appearance Committee Community Appearance Committee Community Appearance Committee Housing Appeal Board Pollution Control Committee Pollution Control Committee Pollution Control Committee Pollution Control Committee NOMINEE Ray Ellis Kenneth Ball Miller Ford Bianca DeLille Steve Brown Tom McHale Ronnie Bumpass Shelley Edelen Jim Kimzey Jim Dickson John Page EXPIRES Indefinite 1/1/78 1/1/80 1/1/76 1/1/78 1/1/78 3/1/78 1/1/78 1/1/78 1/1/78 1/1/78 (5) The Community Development Committee will be composed of nineteen members and should represent a geographic cross-section of the city. In addition to the geographic appointees, two members of racial minority groups will normally be appointed. (This is not intended to restrict appointment of minorities as geographic members.) (6) Terms of appointment will be three years for all future appointments, except for unexpired terms Initial appointees' terms will expire as follows: Six members: Six Members: Seven members: October 1, 1975 October 1, 1976 October 1, 1977 242 The date of the expiration of each member's term will be determined, to the extent possible, by the members' preferences with the remainder to be decided by a drawing. The Chairman of the committee shall be elected annually by the committee members in October of each year. (6) The Housing Assistance Plan Committee will be composed of ten members, of which there will be at least one minority group representative. The membership of the committee should represent a geographic cross-section of the city. Terms of the appointment will be three years for all future appointments, except fbr un- expired terms. Initial appointees' terms will expire as follows: Three members: Three members: Four members: October 1, 1975 October 1, 1976 October 1, 1977 The date of the expiration of each member's term will be determined ^.he extto the extent possible, by the members' preferences, with the remainder to be decided by a drawing. In conjunction with recommendations number five and six, a drawing was conducted with the assistance of Mr. Ernie Lucas of the audience who drew names for the following terms on committees. COMMUNITY DEVELOPMENT COMMITTEE Name Expires Joe McFerran 10/1/77 Lester Bale 10/1/77 Vacancy to be filled 4/18/75 10/1/77 Beverly Melton 10/1/77 Alice Ludwick 10/1/77 Dorothy Seaton 10/1/77 Christine Bailey 10/1/77 Virginia Ricks Mona Donahue Harold Johnson Paul Lewis Frank Sharp Sylvia Swartz 10/1/76 10/1/76 10/1/76 10/1/76 10/1/76 10/1/76 L. M. McGoodwin 10/1/75 George Gray 10/1/75 Lynn Wade 10/1/75 Billie Carroll 10/1/75 Lewis Chesser 10/1/75 Pat Watkins 10/1/75 243 243 243.1 244 HOUSING ASSISTANCE PLAN COMMITTEE Name Anita Whillock Lois Fry Claude Prewitt Hazel Buchannan Stanley Potts James Vizzier Pearl Blye Ruby Bottoms Lydia Hancock Phillip Taylor Expires 10/1/77 10/1/77 10/1/77 10/1/77 10/1/76 10/1/76 10/1/76 10/1/75 10/1/75 10/1/75 ORDINANCE ABANDONING EASEMENT - 19th Green/Sweetbriar Addition 244.1 The proposed ordinance, read for the first time by the City Attorney, would abandon utility easements of a replat of the Sweetbriar Addition known as the "19th Green". The easements were requested to be abandoned because of terrain of the area which would .•.make it impractical for the installation of utilities. 244.2 Following the first reading, a motion to suspend rules and place the ordinance on second reading was made by Director Noland and seconded by Director Hughes. In roll call vote of the Board the motion passed unani- mously and the ordinance was read for the second time. Director Lancaster 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 in roll call vote of the Board. The ordinance was read for the final time and following slight_discussion, Mayor Orton asked if the ordinance should pass. Upon roll call vote of the Board, the ordinance passed unanimously. ORDINANCE NO. 2084 APPEARS ON PAGE 266 OF ORDINANCE 8 RESOLUTION BOOK IV ORDINANCE ADOPTING 1974 REVISIONS TO SOUTHERN STANDARD BUILDING CODE 244.3 The proposed ordinance would amend the code by adopting the 1974 re- visions to the Southern Standard Building Code. In a memorandum to the Board, Building Inspection Superintendent Harold Lieberenz recommended adoption of the revisions particularly since the revisions introduced new regulations for townhouse apartments, fire protection requirements for tall buildings, and wind load design standards. He also recommended that appen- dices "K" and ".L" be adopted. Appendix "K" pertained to accessibility're- quirements for buildings that would serve physically handicapped persons and Appendix "L" stipulated stricter regulations for the installation of insulation in mechanically heated and cooled buildings and residences. 244.4 During discussion following the first reading of the ordinance, Director Hughes stated that, although he supported some of the revisions, he did not feel the city should adopt revisions that would substantially increase building costs. Director Noland cited that the initial cost of additional 244 1 1 1 245 insulation could be recovered through more efficient heating.. Mr.. Lieberenz said his staff had surveyed some contractors and were told by the contractors that the costs incurred to meet the new requirements would not be prohibitive. Directors Todd and Hughes criticized the lack of information given the Board concerning the new regulations and revisions and requested that more information be made available to the Board of Directors in the future. Following discussion, Director Collier motioned that rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Lancaster and was unanimously passed by the Board. The second reading completed, a motion by Director Collier to further suspend the rules and place the ordinance on third and final reading was seconded by Director Purdy and unanimously passed in roll call vote of the Board. The ordinance was read for the. final time. Director Purdy then motioned to amend the ordinance by adopting Appendix "L" to require stricter insulation regulations. The motion, seconded by Director Noland received a vote of five "Ayes" and two."Nays"wvhich were cast by Directors Hughes and Lancaster. Mayor Orton declared the motion passed. She then asked if the ordinance should pass as amended and in roll call vote of the Board, six "Ayes" and one "Nay", casty by Director Hughes, were recorded. The Mayor declared the ordinance passed. ORDINANCE NO. 2085 APPEARS ON PAGE 267-268 OF ORDINANCE $ RESOLUTION BOOK IV 245.1 245.2 PURCHASING ITEMS AND AWARD OF BIDS Bid No. 272: Annual Report Printing Administrative Assistant David McWethy presented the Purchasing Officer's 245.3 recommendation for award of the bid to be made to the low alternate bid for 12,000 copies of the Annual Report -- printed on 100% recycled paper -- be awarded to Lusk Robinson Company in the amount of $7,948.51. When asked why it was recommended to spend more money for the report 245.4 to be printed on recycled paper rather than regular material, Mr. McWethy answered that it would be in keeping with the Board's concern for the reuse of paper products. He also stated that the Board had requested that bids be taken spec fyimgatety.cled paper as well as regular paper. Director Purdy stated his opposition to expending an additional $400.00 for the sole purpose of using recycled paper. Upon completion of discussion, Director Lancaster motioned that the 245.5 bid be awarded as recommended. The motion was seconded by Director Hughes and in recorded vote of the Board, six directors voted "Aye" and one, Director Purdy, voted "Nay". Mayor Orton declared the motion passed Ad' the bid awarded as recommended,. RESOLUTION APPROPRIATING FUNDS FOR ANNUAL REPORT DISTRIBUTION COSTS The City Attorney read a resolution which would appropriate 4750.00 from the 1974 Revenue Sharing Contingency Account to pay for postage and • other costs associated with delivery of the Annual Report to the citizens. A motion to adopt the resolution was made by Director Purdy, sedonded by Director Noland, and unanimously passed in roll call vote of the Board. RESOLUTION NO. 12-75 APPEARS ON PAGE 128 OF ORDINANCE 4NRESOLUTION BOOK IV 245 245.6 245.7 246 ORDINANCE WAIVING FORMAL BID REQUIREMENTS - Traffic Sign Heat Applicator 246.1 City Manager Grimes requested an ordinance to waive formal bidding re- quirements to allow the purchase of one traffic sign heat applicator. He stated that the only manufacturer of the apparatus, the 3M Company, had quoted a price of $2,049.18 for one machine. The machine would be used by the Traffic Department to produce the city's various traffic signs. 246.2 City Attorney McCord read the ordinance for the first time after which Director Purdy motioned that rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Todd and was passed in unanimous vote of the Board. Second reading completed, a motion to further suspend the rules and place the ordinance on third and final reading was made by Director Noland, seconded by Director Hughes, and unanimously passed in roll call vote of the Board. The ordinance was read for the final time. There being no discussion, Mayor Orton asked if the ordinance should pass. In roll call vote of the Board seven "Ayes" and no "Nays" were recorded whereupon the Mayor declared the ordinance passed. ORDINANCE NO. 2086 APPEARS ON PAGE 269 OF ORDINANCE & RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS 246.3 In a brief discussion, the Board discussed the status of the sales tax legislation. Director Collier motioned that the Finance Committee meet with the local utility companies to discuss the franchise tax. The motion died for lack of a second ADJOURNMENT 246.4 There being no further business for the Board's consideration, Director Todd, seconded by Director Hughes, motioned that the meeting be adjourned. The motion met with approval of the Board and the Mayor de- clared the meeting adjourned. ATTEST: Darlene ' stbrook, City Clerk 246 APPROVED: leen Marion R. Orton, Mayor 1