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HomeMy WebLinkAbout1975-04-01 Minutes1 1 265 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 1, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on April 1, 1975 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; City Clerk Darlene Westbrook; and Directors Marion R. Orton, Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. Absent: None Others Present: Mssrs. Brooks Nichols; Calvin Peevy; C. H. Sanders, Robert Narrow; and Fulton; representatives of the Arkansas State Highway Department; residents of Giles Addition, representatives of the news media, members of the audience. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Marion R. Orton called the meeting to order. Following a moment 265.1 of respectful silence and roll call, the Mayor asked if there be any amend- ments to the minutes of the March 18,, 1975 meeting. There being no amend- ments to the minutes, the Mayor declared the minutes approved as submitted. In regard to the discussion of the sanitary landfill contract, Director 265.2 Todd questioned a statement made by a Mcityrofficial'yoa c and reported by the press in which the affic=ia] was quoted as asking what the city would have done with its solid wastes had there been one more "nay" vote in regard to the contract's approval. Director Todd stated that he did not feel it appropriate that such a comment had been made to the press without the Directors being given the opportunity to reply. He further stated that the comment seemed to be questioning the decision of some members of the Board to vote negatively in regard to the contract In reply, Director Purdy stated that he had made the comment during a personal conversation with another Director following adjournment of the meeting and was not aware that representatives of the press had overheard the comment. Director Purdy indicated that he had been genuinely concerned with the vote of four "ayes" and three "nays" since an additional "nay" vote would have disapproved the contract and placed the city in the position of finding another method of disposal on short notice. REVIEW OF PLANS FOR PROPOSED OVERPASS - Highway 16 West/Highway 71 Bypass Proposed plans for the construction of an overpass at the intersection of 265.3 Highway 16 West and the Highway 71 Bypass call for the development of a diamond -type interchange with Highway 16 crossing over the 71 Bypass. Mr. Brooks Nichols, member of the Arkansas State Highway Department, was present to discuss the proposal with the Board and interested members of the audience. 265 26G 266.1 Mr. Nichols stated that the President had recently released Federal Highway funds with the stipulation that the funds be spent by June 30, 1975 and that his department was in the process of finishing preparation of the plans for the overpass in order to submit the proposed project for approval in order that Federal funds might be obtained. Mr. Nichols then explained the proposed plans which contemplate Highway 16 West passing over the bypass and the construction of two additional lanes for the 16 West highway in the interchange area. 266.2 Residents of the area of the proposed interchange were present in the audience and participated in the discussion of the project. A main concern of the residents of the Giles Addition was that the intersection of Giles Road and Highway 16 West be one that allowed drivers to have safe visibility of the traffic flow. Mr. Nichols assured the residents that a portion of the Giles Road would be located further to the west in order to provide safer visibility at the Highway 16 intersection. 266.3 Mr. Tom Lavender, present in the audience, was of the opinion that a partial clover leaf interchange would be safer and less costly. Mr. Nichols stated, however, that the partial clover leaf interchange had been abandoned in Arkansas because drivers could too easily enter onto an exit ramp. 266.4 Mr. T. E. Gunman, who lives in the Fayetteville Growth :Area, was also present in the audience and contended that the construction of the interchange was not only an effort to alleviate hazardous traffic conditions, but was also the forerunner of an eight -lane highway to be constructed in the future. He stated that the land required for a four -lane highway with two service roads would remove land from the tax base and would further burden the city with maintenance of service roads. Mr. Guhman also felt that the interchange would increase hazards as well as alleviate them due to the•fact that the highway would narrow to two lanes outside the interchange area* 266.5 Following further questions and comments from the audience, Mr. Nichols stated that the Highway Department would conduct pre -construction hearings which the public could attend. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Dr. J. B. Hays 266.6 The proposed ordinance, read by the City Attorney, would approve the Large Scale Development plan of Dr. J. B. Hays for property located at 2844 North College. The City Attorney stated that no street or utility easements were necessary and were not included in the ordinance. Director Noland, seconded by Director Hughes, moved that rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motion passed unanimously. The second reading completed, a motion to further suspend the rules and place the ordinance on third reading was made by Director Purdy, seconded by Director Collier, and passed in unanimous vote'of`.hke Board. 266.7 During discussion, Director Purdy questioned Dr. Hays whether or not part of the development was intended to be a trailer sales operation. Dr. Hays replied that this particular development was for an auto parts store and not a trailer sales business. Dr. Hays was of the opinion that the procedures for obtaining a building permit was too complicated causing delays and loss of prospective businesses. 266.8 When questioned about proper drainage, Dr. Hays stated that the drainage would be properly taken care of to prevent materials from washing into the highway during heavy rains. 266.9 There being no further comments, 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. 2094 APPEARS ON PAGE 279 OF ORDINANCE $ RESOLUTION BOOK IV 266 1 1 1 267 ORDINANCE AMENDING LARGE SCALE DEVELOPMENT ORDINANCE The proposed ordinance would amend the Large Scale Development Ordinance by providing that a "Certificate of Occupancy" shall not be issued until all public improvements are installed by the developer, or until a performance bond has been posted. City Manager Grimes stated that' the requirements needed to be added to the LSD ordinance and recommended that the ordinance be referred to the Planning Commission if it met with the Board's approval. Director Hughes agreed that developers should be required to complete improvements but.that he believed some of the red tape should be eliminated involving the obtaining of building permits. Director Noland did not think the amendment would make it more difficult to bbtain permits but would put "teeth" into the existing ordinance. Discussion and comments completed, Director Purdy motioned to refer the proposed ordinance to the Planning Commission. The motion, seconded by Director Hughes, passed unanimously in roll call vote of the Board. ORDINANCE REQUIRING SEWER CONNECTIONS City Attorney McCord prefaced the reading of the ordinance by explaining that the Board Water and Sewer Committee had recommended that property owners within 200 feet of a sewer line be required to hook up within 15 months of passage of the ordinance or within 12 months from the date that city sewer service becomes available. The City Attorney read the ordinance for the first time after which Director Hughes motioned that the rules be suspended and the ordinance placed• on second reading. The motion was seconded by Director Lancaster and ',passed unanimously in roll call vote of the Board. Following the second reading, Director Hughes, seconded by Director Purdy, motioned that rules be further suspended and the ordinance placed on third and final readinng:g. The motion passed unanimously in roll call vote of the Board and the ordinance was read for the third and final time. In order to clarify the wording of the ordinance, Director Purdy motioned to amend the ordinance to cause it to read: "...all owners of property on which structures are located having points of water usage within 200 feet of a city sewer line..." The motion was seconded by Director Noland and passed unanimously by the Board in roll call vote. Director Purdy explained the Water and Sewer Committee's basis for their recommendation by stating that the city undertook expensive projects to provide sewer service but not all of the property owners connected to the sewer once the service was available. When asked what the property owner's cost would be to connect to the sewer, Director Purdy replied that, depending upon terrain and location of the sewer, the cost to run a line could be from two to six dollars a foot. City Manager Grimes added that another charge of $300 would be made for connection to the sewer. Mayo±t ton commented that low income property owners would be able to apply for grants from the Housing Assistance program in order to install lines to the sewer. In answer to a question from the audience, City Manager Grimes stated that the cost for crossing a street or road with a line would have to be borne by the property owner and that, unless prohibited by heavy rock, . trenches would have to be bored under streets and roads and not across them. Mayor Orton stated that it was anticipated that property owners would receive notice with their water bills concerning the required connection. 267 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 268 268.1 Discussion completed, Mayor Orton asked if the ordinance should pass as amended. In roll call vote of the Board seven "Ayes" and no "Nays" were recorded whereupon the Mayor declared the ordinance passed. ORDINANCE NO. 2095 APPEARS ON PAGE 280 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE PERMITTING RIGHT TURNS ON RED SIGNALS 268.2 The proposed ordinance, read by the City Attorney, would allow vehicles to execute right turns on a red signal after making a complete stop except at locations where prohibited by a sign. First reading completed, Director Purdy, seconded by Director Lancaster, motioned to suspend rules and place the ordinance on second reading. In roll call vote of the Board the motion passed unanimously. Second reading completed, Director Hughes, seconded by Director Purdy motioned to further suspend the rules and place the ordinance on third and final reading. In roll call vote of the Board the motion passed unanimously and the ordinance was read for the third and final time. When asked if the Police Department had objections to the ordinance, City Manager Grimes stated that the department was aware of the "turns on red" that have been allowed in the past at some traffic lights and that the department had not had any adverse reactions. 268.3 Following slight further 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. 2096 APPEARS ON PAGE 281 OF ORDINANCE 6 RESOLUTION BOOK IV RESOLUTION AUTHORIZING CONTRACT - Thomas J. and Particia C. Morgan 268.4 The resolution, read by the City Attorney, would authorize the Mayor and City Clerk to execute a contract with Thomas J. and Patricia C. Morgan to gurantee the installation of a service road on property abutting Highway 71. 268.5 Director Hughes, seconded by Director Purdy, motioned that the resolu- tion be adopted. There being no discussion, Mayor Orton asked if the resolu- tion should pass. In roll call vote of the Board the resolution passed uani- mously. RESOLUTION NO. 26-75 APPEARS ON PAGE 145 OF ORDINANCE 6 RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS APPOINTMENT TO HOUSING AUTHORITY 268.6 Director Todd, Chairman of the Board Nominating Committee informed the Board that Mr. Phil Taylor had been nominated by the Housing Authority to serve a term to expire December 31, 1979. Mr. Grimes reported that Mr. Taylor had asked that he be relieved of his position on the Housing Assistance Committee. There being no discussion, Director Todd motioned to confirm the nomination. The motion was seconded by Director Purdy and passed unanimously in roll call vote of the Board. 268 1 1 2(i J. REPORT ON CITY SPIRIT GRANT Director Collier informed the Board that at a meeting held March 25 to 269.1 discuss the City Spirit cultural grant, four groups were in attendance with funds that could be matched by the grant. He stated that he was assured by the groups that they would involve the city asmuch as possible in their activities. He. also reported that four other groups requested that the city try to furnish them a location and supplies to aid them in their particular cultural pursuits. Those groups requesting matching funds under the City Spirit Grant were: 269.2 Fayetteville Youth Center Fayetteville. Women's Center The Fine Arts Festival Fayetteville High School Arts Festival $1,500 2,200 4,500 3,500 Director Collier stated that the requests were to be matched by the City Spirit Grant and that no funds were to be paid by the city. In regard to furnishing a location for other groups to engage in cultural activities, Director Collier discussed with the Board the possibility of the groups using the Old Post Office. Some members of the Board indicated opposition to the suggestion since the city would be responsible for the security and maintenance of the building. Director Hughes indicated his opposition to the grant if the grant was just another means for groups to acquire additional funds. He felt there should be some manner in which to review the proposals before submitting the grant application. Director Collier requested a resolution to authorize the City Manager to draft the grant request. .Director Noland motioned that such a resolution be adopted and Director Todd seconded the motion. Director Purdy requested that the minutes reflect that the city is in accord with the City Spirit Grant but that the City is not committed to a continuing responsibility. He further stated that if the subject were to come up again the Board would have the opportunity to reconsider the grant. RESOLUTION..NO. 27-75 APPEARS ON PAGE 146 OF ORDINANCE & RESOLUTION BOOK IV 269.3 269.4 269.5 SALES TAX LEGISLATION City Manager Grimes explained that the sales tax legislation would become 269.6 effective 90 days from the legislature's recess and that it would not be possible to hold an election on the sales tax until the fall of 1975. LIQUOR PERMIT APPLICATIONS The City Manager then discussed liquor permit applications with the Board. 269.7 The application of Mr. Richard Pool for a permit to be located on Dickson Street west of the railroad tracks was reported -by the City Manager to be opposed by the Chief of Police. The Board, however, chose not to oppose the application as a body. The City Attorney had advised the Board that any member of the Board could register an individual complaint concerning any liquor permit application to the Arkansas Beverage Control Director. 269 270 270.1 The Board also discussed the application for a liquor permit submitted by the Pizza Inn and subsequently approved by the Director of the Arkansas Beverage Control. Mr. Grimes reported that the legal counsel for the Fayetteville Public Schools, whose property abuts that of the Pizza Inn, had requested that the City join in their petition to appeal the decision to grant the permit. 270.2 Following discussion, Director Hughes, seconded by Director Purdy, motioned that the City join the school board in its petition to appeal the permit. In roll call vote of the Board the motion passed unanimously. RESOLUTION COMMENDING 70th GENERAL ASSEMBLY 270.3 Director Lancaster read a resolution commending the 70th General Assembly, Senator Morriss Henry, Representatives David Burleson and Charles Stewart, for their efforts leading to beneficial legislation for Northwest Arkansas and the University of Arkansas. 270.4 Director Todd stated that he opposed the resolution because in his opinion, the legislature had not done its best in all matters that were considered; particularly in regard to the Equal Rights Amendment, labor legislation, and legislation affecting the University of Arkansas at Fayetteville Law School. 270:5 Following discussion, the Board agreed to have the City Attorney re -draft the resolution to be considered at the next meeting. ADJOURNMENT 270.6 There being no further business for the Board's consideration, Director Hughes, seconded by Director Purdy, moved that the meeting be adjourned. The motion met with the Board's approval whereupon the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor 270