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HomeMy WebLinkAbout1975-05-06 Minutes• r `763 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS May 6, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on May 6, 1975 at 7:00 p.m. in the Director's Room of the City Administra- tion Building. PRESENT: City Manager Donald L. Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion R. Orton (absent at roll call), Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. ABSENT: None OTHERS PRESENT: Members of the Planning Commission; Mr. Carl Yates, Consulting Engineer for West Growth Area; Mr. Ep McClelland, Consulting Engineer for East Growth Area; Mssrs. Lynn Wade and Rip Linsey, representing Warner Cable Company; members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES In the temporary absence of the Mayor, Vice Mayor Ernest Lancaster called the 283.1 meeting to order. Followinga brief moment of respectful silence and roll call, the Vice Mayor asked if there be any amendments to the minutes of the regular meeting held April 15, 1975. City Attorney Jim McCord requested an amendment to the second sentence of 283.2 paragraph 272.5 to cause it to read: "...that the shopping center near which the house is located is the only shopping center zoned C-1..." Director Todd said he felt some of the pertinent comments from the audience 283.3 concerning the Warner Cable request for a rate increase should be included in the minutes and requested that the City Clerk review notes of the meeting. and include pertinent comments in the minutes. There being no further amendments, the Vice Mayor declared the minutes 283.4 approved as amended. JOINT MEETING_ BETWEEN PLANNING COMMISSION AND BOARD OF DIRECTORS REGARDING ZONING OF LIQUOR STORES The City Attorney gave a brief background of events leading to the Joint meeting and the question of zoning for liquor stores. He explained that the meeting was called to discuss possible clarification of zoning regulations per- taining to liquor stores. Mr. Mort Gitelman, Chairman of the Planning Comriiission, stated that the Planning Commission had always taken the position that a liquor store was "...no different from a flower shop as far as land use is concerned." He stated that the Planning Commission had followed the legal principal that the body could not make zoning decisions depending upon a particular use the owner would make of the property and that the Commission was not allowed to enter into 283 283.5 283.6 284 agreements with property owners in regard to uses of property. He said the Commission passed a concensus that the C-2 and C-3 zoning was suitable for liquor stores and that it did not believe special zoning districts would solve problems related with location of liquor stores. Mr. Gitelman stated that he did not think that the Planning Commission was the proper body for determining liquor store locations and recommended that the City continue to operate as it has in the past in regard to zoning for liquor stores. Secretary of the Planning Commission, Ernest Jacks, stated that the commission had not regarded location of liquor stores as an emotional issue and that the Commission had not favored the creation of special zones. (Mayor Orton arrived.) 284.1 The City Attorney stated that he doubted whether a court would uphold zoning which made liquor stores a conditional use and that if special zones were created, the Commission would have to provide zones for those_classi}- fications. In order to provide more local control over the locations, the City Attorney advised that the City might propose an amendment to current state statutes. He also stated that he felt the zoning ordinance should be amended to specifically delineate zones whithin which retail liquor stores would be permitted. He reminded the Board that the City Manager had just recently begun forwarding copies of applications for liquor and beer permits to the Board. 284.2 Mr. Tom Keith, present in the audience representing Skelton Street Committee, stated that he disagreed that liquor stores should be considered on the same basis as other commercial businesses and that, in his opinion, the location of liquor stores directly affected development of surrounding land and the attitude of the residents living near a liquor store regarding the property. 284.3 Director Noland commented that it seemed the City had no choice but to remove liquor stores from the zoning ordinance and placing them in the alcoholic beverage ordinance. He motioned that the alcoholic beverage ordi- nance be amended to include the use of liquor stores and that guidelines be established so that the City would not be discriminatory in determining locations of liquor stores. The motion died for lack of a second. Director Noland stated that the Board should be aware of the impact that a liquor store has on the area surrounding it and believed that a liquor store would have more of an adverse affect upon residential areas than commercial areas. 284.4 Direotor Collier stated that he favored approving liquor store locations on a case-by-case basis; however, Director Purdy disagreed, stating if that basis were used there would never be another liquor store in Fayetteville because strong citizen opposition would still exist and the Board would feel obligated to concur with the citizens's wishes. Director Hughes motioned to instruct the City Attorney to draft a proposed amendment to the alcoholic beverage ordinance to approve liquor stores on a case-by-case basis... The motion died for lack of a second. 284.5 Planning Commission members were of the concensus that liquor stores needed to be in a zone as a use by right. Mr. Gitelman was of the opinion that a special zoning classification would not solve any problems and that the planning consultant would have to view rezoning requests from a planning and land use standpoint. 284.6 Following further discussion, Mayor Orton appointed a committee to meet with the City Attorney for the purpose of preparing a draft of an amendment to the alcoholic beverage ordinance to provide for the regulation of liquor store locations. Members of the committee are: Directors Noland, Collier, and Lancaster; and Mr. Gitelman. 284 285 AWARD OF CONSTRUCTION CONTRACTS FOR GROWTH AREA WATER SYSTEM PROJECTS In comments to the Board and audience, Director Purdy, Chairman of the Board Water and Sewer Committee, stated that the construction of the Growth Area water system was the City's chance to do some long range and beneficial planning. Advantages of the system were enumerated by Purdy to be: (1) better control of sanitation, (2) City ownership of the system which would be basically built to City standards, (3) the City would not have to buy the system when annexed, and (4) the City would not have to rebuild the system. He said it was not intended to penal'i'ze City residents to carry the expense of the system and believed that the system would reach a "break even" point in approximately three years. Director Purdy said the only disadvantage was the fact that the City would be assuming the original risk for the money to build the system. Purdy termed the project "...the greatest bargain offered to the City of Fayetteville." Director Purdy explained that because of limited funds for the project, many of tlOpipes would be smaller than they should be. The main trunk of the system would-be ductile cast iron that met all-requireinents for a good water system. The ",arms" would be of asbestos cement while the "fingers" would be plastic pipe. He commented that the Water and Sewer Committee did not particularly favor the plastic pipe but that its use would be less ex- pensive and would allow.a system that would serve the most people for the least cost. He then introduced Mr. Ep McClelland who reviewed the proposed project for the East Growth Area and answered questions from the Board and audience. Mr. Frank Molle asked what was in store for those living just outside the Growth Area and Director Purdy said that it might be possible for those close to the supply to have the privilege of connecting to the system. Mr. Robert Ellis was present in the audience and stated that he had kept closely informed about the projects and stated that as a citizen of Fayette- ville he was concerned about the degree of risk and whether or not the Board had carefully assessed the risk involved. He questioned the basis for the estimation of the "break even" point, contending that it would take 1,500 subscribers to reach a "break even" point •wbh`lnnthree years. Paul'Mattke, City Engineer, stated that 1,500 customers were not expected in three years but on the basis of revenues from the water sales, the system would actually operate on a cash basis within three years. Mr. Ellis stated that it would seem dangerous to project the rate of growth for the Growth Areas and:questi<oned if pi'dv s ons were -included in the plan to increase the water rate if the system had not become self -supportive within the three years. Mr. Carl Yates, engineer for the West Growth Area project, then reviewed that project and answered questions from the Board and audience. He reported that, because of lack of funds and interested subscribers, the project had to be cut in some areas. In discussion of the use of asbestos cement pipe, some members of the audience: expressed concern about recent reports that as- bestos could be harmful to he'a1th. The City Manager assured the citizens that investigations indicated that the asbestos pipe was not harmful and that the pipe had received EPA approval. The City Attorney then read a resolution authorizing the Mayor and City Clerk to execute a contract with Worth James Construction Company for construc- tion of water line extensions in the City's West Water and Sewer Growth Area, less and except all deductive alternates. Director Lancaster motioned that the resolution be adopted and Director Noland seconded the motion. In roll call vote of the Board the resolution passed unanimously. RESOLUTION NO. 32-75 APPEARS ON PAGE 151 OF ORDINANCE $ RESOLUTION BOOK IV 285 285.1 285.2 285.3 285.4 285.5 286 286.1 Director Purdy noted that when the West Growth Area project was cut, the contractor had requested and increase of $17,000 but had agreed to an increase of $15,000. The funds to meet the increased cost were to come from the contingency fund, Purdy said. He also reported that two deductive alternates were excepted on the inside city project in order provide funds for the outside projects. 286.2 The City Attorney then read a resolution authorizing a change order to delete deductive alternates four and five of Contract Section I. Director Noland moved that the resolution be adopted and Director Lancaster seconded the motion. The Board voted unanimously to adopt the resolution. RESOLUTION NO. 33-75 APPEARS ON PAGE 152 OF ORDINANCE €, RESOLUTION BOOK IV 286.3 Director Todd commented that he had been concerned with two things about the Growth Area projects: (1) the Board's responsibility to the citizens of Fayetteville that they would not pay for something they did not derive benefit from; and, (2) the Board's previous commitment to the people of the Growth Area that a water system would be provided without knowing when the provision would be made. He stated that he relied heavily upon the work of the Water and Sewer Committee and its decision and the fact that growth was projected in the Growth Areas in which he believed the City should participate. He commented that he favored the extension of services and believed the project to be a "good move". 286.4 The City Attorney then read a resolution authorizing the Mayor and City Clerk to execute a contract with Tri -City Construction Company for water line extensions in the City's East Water and Sewer Growth Area. Director Noland, seconded by Director Lancaster, moved that the resolution be adopted. In roll call vote of the Board the resolution passed unanimously RESOLUTION NO. 34-75 APPEARS ON PAGE 153 OF ORDINANCE $ RESOLUTION BOOK IV PRESENTATION OF PROPOSED RE -USE PLAN FOR OLD POST OFFICE 286.5 Fifth -year University of Arkansas architecture students, Greg Steinbeck and Joe Roddy, presented a proposed plan for the re -use of the Old Post Office as a city administration building. Through the use of slides and a prepared report, the students stressed the historical and architectural value of the building and reported that the building was structually sound. Their plan considered the needs of the various departments of the City government, the need for a larger Board room, and the need for easy access for handicapped persons. 286.6 During discussion following the presentation, City Manager Grimes reported that a proposed lease for the building was currently under study to assure conformance with HUD regulations. Upon completion of discussion, Mayor Orton commended the students for their work. REPORT REGARDING SOLID WASTE MANAGEMENT STUDY 286.7 Under the direction of Professor Frank Burk of the University of Arkansas, a senior Industrial Engineering design class conducted a study of solid waste management of the City of Fayetteville* Students Sid Hartman, Stuart McBurnett, and Tom Ryburn were present to report the results of their study. Mr. Hartman stated that the purpose of the project was to study alternatives to the City's *and Washington County. 286 • landfill system of solid waste disposal. The conclusion of their study was that an incinerator system which produced marketable by-products such as steam and road base materials would be the best system of those studied. The students enumerated the advahtages.of the incinerator system and with a scale model; explained the incinerator process of solid waste disposal. REHEARING REGARDING PROPOSED RATE INCREASE BY WARNER GABBLE COMPANY Director Todd stated that, in view of the importance of the matter, he would hate to set precedence by reconsidering a dedision of the Board. He said that there was a chance for a more thorough evaluation and that he thoughtthe City needed to re-examine its options. He believed the City had the responsibility to consider the matter as carefully as the water and sewer projects were considered. Director Todd did not believe that suffi- cient additional information had been provided by Warner Cable and motioned that the Board delay debate and voting on the proposal pending recommenda- tion from the City Manager concerning other resources that the Board might utilize in making a fair decision for the City and Warner Cable. Mr. Rip Lindsey, general manager of Warner's Fayetteville operations, stressed that he was trying to operate a cable system that had reached a "point of no return". He stated that the system could not remain operating on a "patching" basis and that a rebuilding grogram costing $700,000 needed to be undertaken to improve the system. He stated thatzthe rate increase was necessary in_order to finance the rebuilding. Mr. Lindsey aiso.cited a 5flofnekeateainroperating.costsmwhich head d'netafeelrcbuld:be;covered byethempurrehteratetwhichiwaiiafiiishedi no1970*.em Mr. Lynn Wade, legal counsel for Warner; stated that the company was losing money and must have capital to repair the system. He proposed that the Board authorize an increase of $1225 effective immediately with another $1.25 increase becoming effective upon completion of rebuilding of the system. During further discussion, City Manager Grimes reported that he had been in contact with consultants specializing in televeision rates and stated that he would like to speak with the consultants concerning the cost of con- ducting a possible rate study. Mayor Orton requested a roll call vote upon the motion by Director Todd to table the issue pending recommendation from the City Manager. In roll call vote of the Board five directors voted "Aye" and two, Directors Collier and Hughes, voted "Nay". The Mayor declared the motion passed. 2b7 287.1 287.2 287.3 287.4 287.5 ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Ralph Freeman and Charles Palmer The proposed ordinance would approve the large scale development plan of Ralph Freeman and Charles Palmer for property located west of Leverett Avenue and south of Sycamore Street and would accept and confirm dedication of street right-of-way and/or utility easements. 4 City.Attorney Jim McCord stated that the necessary dedications had not been eecuted. Director Noland, seconded by Director Todd, moved that.the brd nance bd tabled until necessary dedications had been executed. In roll call vote of the Board the motion passed unanimously. ORD3NANCE°APPROVING LARGE SCALE DEVELOPMENT PLAN - McIlroy Bank • 287.6 287.7 The ordinance would approve the large scale development plan of McIlroy 287.8 Bank for property located west of Garland Avenue and north of Wedington Drive 287 288 and would accept and confirm dedication of street right-of-way and/or utility easements. City Attorney McCord advised that all requirements of the large scale development ordinance appeared to have been met, that drainage had been approved by the Street Superintendent, and that a request for a variance in set back had been made: - The City Attorney read the ordinance for the first time after which Director Purdy, seconded by Director Noland, motioned that rules be suspended and the ordinance placed on second reading. The motion passed unanimously in roll cll call vote of the Board and the ordinance was read for the second time. Director Noland moved that rules be further suspended and the ordinance placed on third and final reading. The motion was seconded by Director Purdy and passed unani- mously in roll call vote of the Board. The City Attorney read the ordinance for the final time after which Mayor Orton asked if the ordinance should pass. In roll call vote of the Board seven "Ayes" and no "Nays" were recorded where- upon the Mayor declared the ordinance passed. ORDINANCE NO. 2102 APPEARS ON PAGE 288 OF ORDINANCE & RESOLUTION BOOK IV In reference to the large scale development ordinance requirement that dedications be made, Director Hughes stated that he was of the opinion that the taking of someone's property without paying the value of the property was wrong. Legal counsel for Mcllroy Bank filed with the City Clerk a letter of protest regarding the dedication of property; a copy of which is made a part of these minutes and reads as follows: • ?ALL .�. • 14. LAW OFFICES O? BALL. GALLMAN :t MAHT[N F. O. OJX 117 - -OI NORTH E. \T AVE%Ut •..\ MrVILLE. ARKANSAS 72701 April 30, 1975 BOARD CF DIRECTORS City o` rayetLe illc Fayetteville, Arkan_»s 72701 Nr. Donald Grimes, City Manager P . 0- Drawer F Fa; ,t evi.i_le, Arkansas 72701 • Jams .score, J _iorney Cjty of FayettevIlli P . O. Dr,nwrxr F 1 OIL FILED IN MY OFFICE TH15 DAY OF 30, L9 al F nanc_- Co - of Fay t.. _evi3l.e--ilu.' c ._: sr_.a.:tch Bank Euild'inq `o ?c. 1.: up City Clork • • • 289 1, Enclosed you will find a copy of a letter dated April 24, 289.1 1975 from Bobbie Jones, Planning Administrator, City of Fayetteville, addressed to Hayden Mcllroy, Mcllroy Bank, Fayetteville, Arkansas, pertaining to the captioned matter. Also you will find enclosed (mailed to James McCord, City Attorney) a Deed prepared by James McCord that has been executed by Industrial Finance Company to the City of Fay- etteville and dated April 30, 1975, which deed is delivered under protest pursuant to the letter dated April 24, 1975, a copy of which is enclosed. I have no way of determining the future action of the Board of Directors of the City of Fayetteville, more par- ticularly the action to be taken by the Board of Directors on May 6, 19-75; but if the Board of Directors requires the execution and delivery of the enclosed deed, then such ac- tion constitutes an unconstitutional exercise of power by that body, and Industrial Finance Company protests such action. If the Board of Directors for the City of Fayetteville at its meeting on May 6, 1975, or at any subsequent meeting, requires the execution and delivery of the deed in question, then I respectfully request that the letter of protest be recorded in the minutes of such meeting. EJB:gsb Enclosures cc: Hayden Mcllroy Yours very truly, ORDINANCE APPROVING REP.LAT OF COUNTRY CLUB ESTATES -- h Co The proposed ordinance would approve the replat of Lots 97 through 110, and lints 112 through 117 of Country Club Estates. The request was heard by the Planning Commission on April 22, 1975 at which time requirements for street lights and sidewalks were waived. The City Attorney read the ordinance fox"bitfirst time. Mr. Kerry Shultz, representing Jimmie .Taylor and Company, stated that the request was not for a replat of the entire subdivision but only for certain lots so that lot lines could be changed to possibly make them more marketable. Mr. Shultz stressed that the subdivision was not a new one and had been started before street light and sidewalk requirements were enforced. 289 • 289.2 289.3 289.4 289.5 289.6 290 290.1 City Manager Grimes explained that even though street light and sidewalk requirements had been adopted when the subdivision was begun, the requirements had not been enforced at that time. 290.2 A lengthy discussion followed in which many of the Board members commented unfavorably upon the waiver of street light and sidewalk requirements. The City Manager suggested that the Board might approve the replat subject to the developers entering into a contractual agreement to install street lights and sidewalks when they sell the majority of lots on each block. 290.3 Director Hughes, seconded by Director Todd, motioned to suspend the rules and place the ordinance on second reading. In roll call vote of the Board the motion passed unanimously. After slight further comment, the City Attorney read the ordinance for the second time. Director Noland moved that the ordinance be amended to include the provision that the City would require street lights on an "as needed" basis or the installation of lights provided for on a contractual basis and to the City's satisfaction. Director Noland retracted the motion, then motioned to amend the ordinance to require sidewalks and street lights as required by ordinance and to provide that a contractual agreement be entered into to ensure the installation of lights by the developer. The motion was seconded by Director Purdy and passed unanimously in roll call vote of the Board. 290.4 Director Collier then noted that the Street Superintendent had commented that drainage was not sufficient and was causing deterioration of Country Club Drive. Mr. Shultz stated that the condition of the street was caused by another development and not by the Country Club Estate development. Following further comments, the ordinance was left on second reading pending clarification by the Street Superintendent of drainage requirements and a contractual agreement with developers for street lighting. ORDINANCE WAIVING TAXICAB FRANCHISE FEE 290.5 The ordinance would waive the taxicab franchise fee of $100. Ordinance 2001 was adopted May 7, 1974 to waive the fee for a period of one year on the basis that the Fayetteville Transportation Company had contended that pay- ment of the fee would jeopardize the financial status of their company. After a brief discussion and comment period, Director Hughes motioned to deny the ordinance. The motion was seconded by Director Todd and passed unanimously in roll call vote of the Board. RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING - Roy & Beulah Faubus 290.6 The resolution would authorize the execution of a memorandum of under- standing between the City and Roy and Beulah Faubus regarding the dedication of 25 feet of right-of-way along Moore Lane. The City Attorney read the reso- lution after which Director Noland, seconded by Director Hughes, motioned to adopt the resolution. In roll call vote of the Board the resolution passed unanimously. RESOLUTION NO. 35-75 APPEARS ON PAGE 154 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE ACCEPTING AND CONFIRMING DEDICATION OF STREET RIGHT-OF-WAY - Moore Lane 290.7 The ordinance would accept and confirm the dedication of street right-of-way by Roy and Beulah Faubus and West Ark Real Estate and Development Company. 290 The City Attorney advised the Board that all easements had been executed and that Mr. Faubus requested that setbacks be measured frail an existing county road. He then read the ordinance for the first time' alter which Director Purdy, seconded by Director Hughes, motioned'Eo's""uspend rules and place the ordinance on second reading: The motion passed Unanimously in roll call vote of the Board and the City Attorney read the ordinance for the second time. Director Hughes, seconded by Director Purdy, motioned to further suspend 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. The Mayor asked if the ordinance should pass and in recorded roll call'vote of the Board seven "Ayes" and no "Nays" were recorded. The Mayor declared the ordinance passed. ORDINANCE NO. 2103 APPEARS ON PAGE 289 OF ORDINANCE G RESOLUTION BOOK IV REQUEST FOR REDUCTION IN RENTAL OF PASTURE RIGHTS IN INDUSTRIAL PARK Mr.'Clyd_e Weems entered into contract with the City to lease' Industrial Park pasture''land for a five-year period beginning April 22, 1974 at an annual rental fee of) 2x,700. His request before the Board was for a reduction in the fee to $1,800 a year "until the' cattle market resumes a normal status." The City Attor'ney advised that, even though any contract could be modified if mutually agreed by the parties, the lease had been awarded on a competitive bid basis and the lowering of the rental fees might bring complaints from other bidders. He 'suggested that the.Board might like to terminate the current lease and award' again' Sn a competitive bid basis Director Purdy motioned thra°the request'be denied; however, the motion died for lack of a'second. Mr''? d' ms was present in the audience to speak in behalf of his request and hated that he was asking a decrease in rent only for one year. 'Director Nolhand felt the Board should invite bids in order to be fair to other bidders Director Hughes motioned to adopt a resolution to amend the lease by decreasing the annual rental fee to $1,800 until April 22, 1976. The motion was seconded by Director Todd. In roll call vote ()lithe Board six directors voted "Aye" and one, Director Noland, voted "Nay". The Mayor declared'the motion passed'. RESOLUTION NO. 36-75 APPEARS ON PAGE 155 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE ANfExiNG PROPERTY The proposed Ordinance would annex 5.85 acres located at 2870-2880 Crossover Road in concurrence with the petition of William'W and Betty K. McLeod and David M. and -Laura L. McWethy. The petition was heard by the County Judge and was approved:Match 17,, 1975 without opposition. The ordinance was read for the.fi•rst'time by the City Attorney after which 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 and the cCity Attorney read the ordinance for the second time. A motion to' further suspend rules and place"the ordinance on third and final reading was made by Director Noland, seconded by Director Lancaster, and passed'unanimously'in roll call vote of the Board. The City Attorney read the ordinancefthe third and final time. t. 291 291- 291.1 291.2 291.3 291.4 291.5 291.6 1 292 292.1 There being no opposition to the annexation, the Mayor 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. 2104 APPEARS ON PAGE 290-291 OF ORDINANCE F RESOLUTION BOOK IV REVIEW OF SHADOW HILL SUBDIVISION PRELIMINARY PLAT 292.2 The City Manager had requested that the Board review the preliminary plat in view of the fact that the development would be the first new subdivision platted with "tandem lots" and because the plan indicated additional private drives opening onto Old Wire Road near the intersection of Old Missouri Road. Mssrs. Ervan Wimberly and Loris Stanton were present in the audience to present the plat and to answer questions from the Board. When questioned by the Board why a street could not be provided within the subdivision, Mr. Wimberly stated that the size of the lot would not economically justify construction of a street. 292.3 The Board expressed concern over the fact that the proposed subdivision would have points of access at a dangerous location, but Mr. Stanton stated that there would be only two drives opening onto Old Wire Road and that sufficient sight distance would be provided. He also reminded the Board that the location of the drives would have to be approved upon application for a permit 292.4 City Attorney McCord advised that the subdivision met all requirements of the subdivision code and the tandem lot ordinance and that the requirement for safe access applied only to large scale developments and would not be sufficient basis for disapproval of a subdivision plat. 292.5 Following considerable discussion, Director Hughes, seconded by Director Noland, motioned to approve the preliminary plat. In roll call vote of the Board, five directors voted "Aye" and two, Directors Todd and Orton, voted "Nay". ORDINANCE AMENDING CITY CODE - Caretaker Housing 292.6 The proposed ordinance would allow mobile homes to be used as housing for caretakers upon approval from the Planning Commission, in C-2 and I-1 zoning districts and would restrict mobile homes used as housing for caretakers to lots of two acres or more. Also, the ordinance would make the Planning Commission approval of the use effective for a period of one year and would require that the mobile home be located at least 150 feet from the right-of-way of any existing or proposed street. 292.7 The City Attorney read the ordinance for the first time. Director Purdy stated that he felt the code should be left as it is in order to avoid creating problems. As a conciliatory effort, he motioned to amend the ordinance to provide that (1) the lot be three acres or more; (2) that the mobile home be placed behind the main building; (3) that a limit of one mobile home per property be established; and (4) that it be limited to three years with no renewal. Purdy's motion was seconded by Director Lancaster and passed unanimously in roll call vote of the Board. 292.8 Director Todd, seconded by Director Purdy, motioned that rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motionpassed unanimously and the City Attorney read the ordinance for the second time. A motion to further suspend rules and place the ordinance on third and final reading was made by Director Purdy, seconded by Director Todd, and passed unanimously in roll call vote of the Board. The ordinance was read for the 292 • • final time after which the Mayor asked if the ordinance should pass as amended. In roll call vote of the Board, Directors Purdy and Orton voted "Aye" and Directors Lancaster, Todd, Hughes, and Collier voted "Nay". The Mayor declared the ordinance failed. 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. The City Attorney read the ordinance for the first time after which Director Purdy, seconded by Director Noland, motioned to suspend rules and place the ordinance on second reading. In roll call vote of the Board the motion passed unanimously and the ordinance was read the second time. Director Purdy motioned to further suspend rules and place the ordinance on third and final reading. The motion, seconded by Director Lancaster passed unanimously in roll call vote of the Board. The ordinance was read for the final time. Director Hughes, citing the expense and time involved in obtaining per- formance bonds, motioned to amend the ordinance to provide that either a bond be posted or a contractual agreement made guaranteeing that the developer will install the improvements. The motion was seconded by Director Purdy and was passed unanimously in roll call vote of the Board. The Mayor asked if the ordinance should pass as amended, and upon roll call vote of the Board seven "Ayes" and no "Nays" were recorded. The Mayer declared the ordinance passed as amended. ORDINANCE NO. 2105 APPEARS• ON PAGE 292 OF ORDINANCE $ RESOLUTION BOOK IV REPORT FROM BOARD NOMINATING COMMITTEE Chairman of the Nominating Committee, Director Todd, informed the Board that the committee had nominated Mr. Mark Doyle to fill the unexpired term of Mr. Phil Taylor on the Housing Assistance Program for a term to expire October 1, 1975. Director Todd motioned that the nomination be accepted and the motion was seconded by Director Purdy. Upon roll call vote of the Board the motion passed unanimously. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH NORTHWEST ARKANSAS ,ECONOMIC DEVELOPMENT DISTRICT AND OZARKS REGIONAL COMMISSION The proposed resolutuion would authorize the Mayor and City Clerk to exectlte-.agreements with the NWAEDD and the Ozarks Regional Commission for Fayetteville's participation in the Excess Personal Property Program of the United States Economic Development Administration. The City Manager explained that the program was anew one..and not to.be confused with the old Civil Defense Surplus Property program He said the City would be able to acquire equipment at nominal cost except for a $500.00 monthly fee to be paid to the NWAEDD. Director Lancaster moved. that the. resolution be adopted but the motion died for lack of a second. Director Hughes stated that he felt. the $500Ia94.141y fee would be a 'caste of money since he believed the City staff would be able to acquire the equipment without the help of the NWAEDD. Director Todd expressed that he would like to 293 293.1 293.2 293.3 293.4 293.5 7.410-4. defer action on the matter until the City Manager had time to investigate options to the program. Director Hughes motioned to table the item and Director Purdy seconded the motion. In roll call vote of the Board the motion passed unanimously. ORDINANCE AMENDING MASTER STREET PLAN RECOMMENDATIONS 294.1 The ordinance would amend the Master Street Plan Recommendations for the central business district to conform with the Urban Renewal Plan. City Manager Grimes reported that the Planning Commission had requested that the proposed ordinance be referred back to them. Director Hughes, seconded by Director Purdy, motioned that the ordinance be referred to the Planning Commission. In roll call vote of the Board the motion passed unanimously. PURCHASING ITEMS AND AWARD OF BIDS 294.2 Bid 278 - Copper Tubing: The City Manager's staff recommended award of the bid to Bowles and Edens of Little Rock for 5,040 feet of 3/4" type "K" copper tubing at a cost of 53$ per foot. Director Purdy, seconded by Director Todd, motioned that the recommendation be accepted. In roll call vote of the Board the motion passed unanimously. 294.3 Cast Iron Pipe: In a memorandum to the Board, the City Manager recommended that purchasing procedures be waived for the purchase of cast iron pipe and fittings, soil pipe, brass water and sewer items, copper pipe and fittings, and plastic pipe and fittings; and that purchases be made on a written quo- tations basis until May 30, 1976. Mr. Grimes stated that because of unstable market conditions, firm bid prices could not be obtained from suppliers. The City Attorney read an ordinance to waive bid requirements and to authorize purchases on a written quotation basis until May 30, 1976. Director Purdy, seconded by Director Hughes, motioned that rules be suspended and the ordinance placed oii second reading. The motion passed in roll call vote of the Board and the ordinance was read for the second time. A motion to further suspend the rules and place the ordinance on third and final reading was made by Director Purdy, seconded by Director Noland, and passed unanimously in roll call vote of the Board. The ordinance was read the final time after which the Mayor 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. 2106 APPEARS ON PAGE 293 OF ORDINANCE $ RESOLUTION BOOK IV • Airport Improvements - Drake Field 294.5 City Manager Grimes explained the proposed overlay of the south taxiway and the reconstructing of the parking ramp area and construction of new aircraft parking areas. He explained that parts of the project had to be cut because of expense and recommended award of the bid for the improvements to Anchor Construc- tion Company in the amount of $122,297.40. 294.6 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a contract with Anchor Construction Company for improvements to the airport. Director Hughes, seconded by Director Purdy, moved that the resolution be adopted. In roll call vote of the Board the motion passed unanimously. RESOLUTION NO. 37-75 APPEARS ON PAGE 156 OF ORDINANCE“ RESOLUTION BOOK IV 294 1 295 CORRESPONDENCE AND OTHER BUSINESS SEPTIC TANK SYSTEM FOR LAKE FAYETTEVILLE PARK PAVILLION The City Manager reported that a septic tank .had been installed at the south pavillion of the Lake.Fayetteville Park to serve as a "holding" tank until sewer service could be provided_for—the pavillion. He..said.percolation tests resulted in an extremely.. favorable.report.. He .requested, authorization from the Board to install lateral .lines to the septic .tank until "...something can be done." He stated that the Health -Department had approVed.the septic tank. Mayor Orton.stated.that.the Pollution Control Committee was opposed to the use of .a septic.tank_and.felt another system would be more acceptable. She did not feel thatthe.Bo_ard.should reach a decision until the committee had given a recommendation. Following further.slight.discussion and comment, Director Hughes motioned that the City. Manager.confer.with the Pollution Control Committee and, taking their recommendation.und'er consideration,.take.the steps necessary to provide the pavillion.with waste disposal facilities. The motion was seconded by Director Collier and.in roll .call_vote.of.the.Board six directors voted "Aye" and one, Director Orton;. voted "Nay". RESOLUTION 'OOMMEND NGTJUEletleF(IRS E, The City Attorney read.a resolution commending Miss Julie Forshee of Fayetteville for'being chosen America's Junior Miss for 1975. Director Todd motioned to adopt the resolution and.Director Purdy secondedthemotion. In roll call vote of the Board the resolution passed unanimously RESOLUTION NO.- 38x75 APPEARS ON PAGE 157 OF ORDINANCE F, RESOLUTION BOOK IV RESOLUTION URGING STATE HIGHWAY DEPARTMENT TO CONSTRUCT OVERPASS The resolution, read by the City Attorney; would.urge the State Highway Department.to.proceed.with.construction.of.an overpass at the.Highway 71 Bypass/Highway.16 West.ihtersection. Director. Purdy, seconded by Director Todd, motioned that .the.resolution be adopted. In roll call vote of the Board the motion passed unanimously. RESOLUTION NO. 39-75'APPEARS ON PAGE 158 OF.ORDINANCE F, RESOLUTION BOOK IV Mayor Orton reported',that.Dr..Bob .Johnson Woha&13e: mett';ingtwith the County Judge concerning funding‘of the.Oiar-ks Guidance Center. yidatlia$ RHey.-had regbeste0.at7that.Fayette4lie; and. Springdalea^ share the costs to operate the center. The CitytAttorney s,tated.that.there were,setious.legal'technicalities regarding appropriations by municipalities:of general tax revenuea.over which the city would have notcontrol.of its'use Director.Todd said.such an appropriation would be inedusistentwith the City's.policy•of. setting ,up new appropriations and that the City,w'as not financially able to appropriate'the funds. No action -was taken. Mayor Orton informed the Board that a resolution requesting -the Civil. Service Commission,:hnd:_the.Mayorwto.investigate allegations concerning the behavior of the police department had.been.adopted:by the.Unversityfof:Arkaris.as Student Senate. The students'had contadted.the Mayor and concurred.to•meet with the Mayor, the Board's Fire and Police Committee, the City Manager, and 295 &I—a' { 295.1 295.2 295.3 295.4 295.5 295.6 295.7 296 the Chief of Police to discuss the allegations. The City Attorney advised that if an investigation were conducted, the Civil Service Commission would be the proper body to perform the investigation. He stated that he felt the City's Civil Service Commission regulations be amended to provide a formal complaint procedure and that he had contacted the cities of Little Rock and Fort Smith to obtain information about their procedures. 296.1 Director Collier was of the opinion that and investigation be justified before requesting the Civil Service Commission to conduct an investigation. He stated that he would contact the student group to schedule a meeting. ADJOURNMENT 296.2 There being no further business for the Board's consideration, Director Hughes, seconded by Director Todd, motioned that the meeting be adjourned. The motion met with the Board's approval and the Mayor adjourned the meeting. • ATTEST: Darlene Westbrook, City Clerk APPROVED: 296