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HomeMy WebLinkAbout1975-06-03 Minutes1 r 303 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS June 3, 1975 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on June 3, 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: 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 Orton. Following a brief moment of respectful silence the minutes of the May 20, 1975 meeting were considered for approval. Director Purdy requested that the words "grocery store" appearing in para- graph 299.7 be changed to "boat store". Mayor Orton requested that paragraph 298.1 have the words "commercial horse stables" inserted in paragraph 298.1. City Attorney McCord requested an amendment to paragraph 302.6 to cause it to read: "...a Federal statute banning fireworks may exist...". There being no further amendments, the Mayor declared the minutes approved as amended. 303.1 303.2 ORDINANCE REZONING PROPERTY - Mission Street The proposed ordinance would rezone a 6.9 acre tract of land located east 303.3 of Mission Boulevard, south of East Maple Street, west of Tanglewood Avenue, and north of East Lafayette Street from I-1 Heavy Commercial and Light Indus- trial, to R-2 Medium Density Residential as requested by the Planning Commission. The ordinance, left on second reading at the May 20, 1975 meeting, was read 303.4 the third and final time by the City Attorney. During discussion, Mayor Orton reported that one of the property owners previously opposing the rezoning, Mr. Steve Winkler, had written a letter withdrawing his opposition to the pro- posed rezoning. A motion was made by Director Noland to amend the ordinance to zone tract two and the portion of tract one having a television shop located on it I-1, with the remainder being rezoned R-2 as requested by the Planning Commission; and that the -R-2 zone be extended to the east boundary of lot one. The motion was seconded by Director Purdy and passed in unanimous vote of the Board. Mr. F. H. Martin, representing the Arkansas Western Gas Company, stated 303.5 that the gas company would give the City notice when they planned to sell the property so that the present I-1 zoning classification might be changed to R-2. There being no further discussion from the Board or audience, the Mayor 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. 2108 APPEARS ON PACE 295 OF ORDINANCE $ RESOLUTION BOOK IV 303 304 304.1 304.2 304.3 304.4 304.5 304.6 304.7 ORDINANCE AMENDING SIGN ORDINANCE 1893 The proposed ordinance would make several changes in the existing sign ordinance -- two major changes being the provision for removal of signs which no longer advertise a bona fide business or product, and the designa- tion of the Board of Directors as a Board of Sign Appeals which would consider requests for variances to the ordinance. Before readings of the ordinance the Board reviewed each section of the ordinance and suggested amendments. Concerned with the erection of billboards, Mayor Orton and Director Todd felt the definition of "lot" should be more specific and perhaps should specify a minimum lot size. The City Attorney was of the opinion that the definition was sufficient and advised that the Board might wish to incorporate a separate section to regulate outdoor billboard signs. In order to avoid complaints that a reasonable amortization period for removal of nonconforming signs was not provided, Director Purdy suggested that the amortization period be seven years from the passage of the original sign ordinance, Ordinance 1893. Director Todd, who cited the amortization period for off-site signs, moved to amend the ordinance to cause the off-site nonconforming signs to be removed or altered within four years (January, 1977) from the effective date of Ordinance 1893 and that on-site nonconforming signs would be given a seven-year period (January, 1980). The motion was seconded by Director Noland and passed unanimously in roll call vote of the Board. In regard to Section 4 regulating fuel price informational signs to be mounted on pumps, some directors did not feel that the fuel companies should be given special consideration while others felt that fuel price informa- tional signs would benefit consumers. Director Todd motioned that the ordinance be amended to include a new draft of Section 4 submitted by the City Attorney and to limit the size of the signs to 216 square inches. The motion was seconded by Director Hughes and was passed unanimously in roll call vote of the Board. Section 5, pertaining to removal of signs which no longer advertise a bona fide business or product, was thought by Director Purdy to be unreasonable as drafted. He felt the 10 -day period for removal of such signs should be extended to allow sufficient time for removal of the signs. Director Noland motioned to amend Section 17B-7 to allow a 60 -day period for removal of signs no long advertising a bona fide business or product. The motion was seconded by Director Todd and passed unanimously by the Board. In regard to Section 6 pertaining to rotating or revolving signs, Director Purdy motioned that traditional barber poles be excluded. The motion was seconded by Director Lancaster; however, following discussion, Director Purdy withdrew the motion. Director Hughes, seconded by Director Todd, motioned that Section 8 of the proposed ordinance be referred to the Planning Commission for further consideration and recommendation. The motion passed unanimously in roll call vote of the Board. Director Purdy, seconded by Director Noland, motioned to amend the definition of the term "sign" in Section 2 to dause it to read: "...intended to be used to attract attention or convey information to motorists." In roll call vote of the Board the motion passed unanimously. The City Attorney then read the ordinance for the first time after which Director Noland, seconded by Director Hughes, motioned to suspend rules and place the ordinance on second reading. The motion passed in roll call vote of the Board whereupon the City Attorney read the ordinance for the second time. A motion to further suspend rules and place the ordinance on third 304 1 1 1 1 305 and final reading was made by Director Hughes, seconded by Director Purdy, and passed unanimously in roll call vote of the Board. The ordinance was read the third and final time. There being no further discussion, 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. 2109 APPEARS ON PAGE 296-299 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE CLOSING. ALLEY - I. W. Duncan's Addition/Kerr Investments, Petitioners The proposed ordinance would close a North/South alleyway located between 305.1 Hill andDuncan Avenues, north of Putman Street and south of Treadwell Street. The City Attorney read the ordinance for the first time after which Director Hughes, seconded by Director Todd, motioned to place the ordinance on second reading. The motion passed unanimously in roll call vote of the Board and the City Attorney read the ordinancettheasecond time. Director Purdy, seconded by Director No5ian4, motioned to further suspend rules and place the ordinance on third and fiiial reading. The motion passed unanimously in roll call vote of the Board. Tat: ordinance was read the final time. Upon recommendation by the City Manager and the agreement of Kerr Investment 305.2 legal counsel, Marshall Carlisle; Director Purdy, seconded by Director Lancaster, motioned to amend the ordinance to retain utility easements and service access. In roll call vote of the Board the motion passed unanimously. Mayor Orton asked if the ordinance should pass as amended and in roll call vote of the Board seven "Ayes" and no "Nays" were recorded. The Mayor declared the ordinance passed as amended. ORDINANCE NO. 2110 APPEARS ON PAGE 300 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE DISSOLVING SEWER IMPROVEMENT DISTRICT NUMBER 2 The City ,Attorney advised the Board that all administrative details of Sewer Improvement District Number 2; including payment of the bonds and refund of surplus funds; were complete and that the final act would be to dissolve the district. He then read the ordinance to dissolve the district after which Director Purdy motioned to suspend rules and place theordinance on second reading. In roll call vote of the .Board the motion passed unanimously and the ordinance was read the second time. Director Hughes„ seconded by Director Todd, 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 whereupon the City Attorney read the ordinancOfthe third and final time. The Mayor asked if the ordinance should pass, The recorded vote of the Board was six "Ayes" and one "Abstain", cast by Mayor Orton. ORDINANCE NO. 2111 APPEARS ON PAGE 301 OF ORDINANCE $ RESOLUTION BOOK IV PURCHASING ITEMS AND AWARD OF BIDS Bid 280 - 'Traffic Mast Arms and Poles) P.arch'asin g -Director Sturman Mackey recommended that the Board award the bid to the low bidder, with the exception of a few items, to Valmont, Southwestern Electric Company, and VePed in the amount of $20,614.48. He informed the Board that the funds were budgeted 305 305.3 305.4 305.5 306 in the 1975 Revenue Sharing Account 7506. A motion to approve the recommenda- tion was made by Director Purdy and seconded by Director Hughes. In roll call vote of the Board the motion passed unanimously. 306.1 Bid 281 - Water and Sewer Department Chemicals: Mr. Mackey recommended that the Board waive bidding requirements for liquid chlorine due to escalation clauses included in the bids received. He recommended that the bid for ferric chloride at $.122 per pound be awarded to Conservation Chemical, the second low bidder. The bid for pallatized, hydrated lime was recommended to be awarded to the Rangaire Corporation at $.02215 per pound. 306.2 The City Attorney read an ordinance to waive bidding requirements for liquid chlorine. Director Lancaster, seconded by Director Hughes, motioned to suspend rules and place the ordinance on second reading. The motion. passed unanimously in roll call vote of the Board and the ordinance was read the second time. A motion to further suspend rules and place the ordinance on third and final reading was made by Director Hughes, seconded by Director Purdy, and passed unanimously in roll call voteof the Board. Mayor Orton asked if the ordinance should pass and the recorded vote of the Board was seven "Ayes" and no "Nays" whereupon the Mayor declared the ordinance passed. ORDINANCE NO. 2112 APPEARS ON PAGE 302 OF ORDINANCE AND RESOLUTION BOOK IV 306.3 Director Hughes, seconded by Director Purdy, motioned to award the bid for ferric chloride and hydrated lime as recommended. In roll call vote of the Board the motion passed unanimously. 306.4 Bid 282 - Clay Pipe and Manhole Rings: The bid for clay pipe was recommended to be awarded to Dickey Clay Pipe Company. Bids for manhole rings and covers were recommended to be awarded to Universal Pipe and Supply -- all low bidders. Following slight discussion, Director Noland, seconded by Director Lancaster, motioned that the bid be awarded as recommended. In roll call vote of the Board the motion passed unanimously. 306.5 Bid 283 - Reinforced Concrete Tile and Tees: The bid was recommended to be awarded to Jerry Sweetser and Tune Concrete, low bidders, for a one-year contract beginning June 3, 1975. Mr. Mackey explained that the items would be purchased on an as -needed basis and would be used in drainage projects Director Purdy, seconded by Director Todd, motioned that the bid be awarded as recommended. In roll call vote of the Board the motion passed unanimously. 306.6 Bid 285 - Water Meter Parts and Supplies: Mr. Mackey recommended award of the bid to Arkansaw Meter and Supply Company except for clay meter boxes which was recommended to be awarded to Dickey Clay Pipe Company -- both low bidders. A motion to accept the recommendation was made by Director Hughes, seconded by Director Todd, and passed unanimously in roll call vote of the Board. REQUEST BY FAYETTEVILLE TRANSPORTATION COMPANY 306.7 The Fayetteville Transportation Company had requested an ordinance to prohibit or restrict the use of "courtesy cars" by hotels, motels, or similar groups. The City Attorney advised that the City could not prohibit use of courtesy cars but that, if it chose, it might regulate their use After slight discussion in which the directors indicated their disfavor, Director Hughes motioned to deny the request. The motion was seconded by Director 306 1 1 1 1 1 1 Y 307 Purdy and passed unanimously in roll call vote. There was no one present to speak in behalf of the request. Director Todd stated that he would be willing to speak with representatives of the company about the city's transportation problems. Mr. Paris Raymond of the Council on Aging and residents of Hillcrest Towers, 307.1 were present in the audience to protest:the req4est. Mr. Raymond explained that the courtesy bus used by the Council provided a means of free transporta- tion to low-income elderly residents of the city and that an ordinance to prohibit courtesy cars would apply to the bus service, thereby depriving the elderly of needed transportation. CORRESPONDENCE AND OTHER BUSINESS ORDINANCE APPROVING REPLAT and RESOLUTION AUTHORIZING CONTRACT - Country Club Estates The City Manager explained that the resolution would authorize a contract with developers of Country Club Estates to guarantee installation of street lights in the replatted portion of the addition. Mr. Phil.Taylor, representing Jimmy Taylor and Company, did not feel that it would be consistent to require the lights in the replatted portion but not in the rest .of the addition, and, that the requirement would place an extra financial burden on the development which is experiencing problems in selling lots. Mr. Taylor requested that if the developers were successful in selling the smaller lots in the replatted portion, then they would agree to install the lights. During the discussion, the City Manager asked Mr. Taylor if his clients would be willing to reimburse the City for installation of the lights after 75 percent of the lots were under ownership other than their own and Mr. Taylor stated that the compromise would be agreeable. The ordinance approving the teplat, left on second reading at the May 6, 1975, meeting, was read the third time by the City Attorney. The Mayor asked if the ordinance should pass Seven "Ayes" and no "Nays" were recorded whereupon the Mayor declared the ordinance passed. ORDINANCE NO. 2113 APPEARS ON PAGE 303 OF ORDINANCE F, RESOLUTION BOOK IV The City Attorney then read a resolution authorizing a contract between the City and.Jimmy Taylor and Company to guarantee installation of street lights in that portion of Country Club Estates contained in a replat of lots 97 through 110 and lots 112 through 117. Director Purdy, seconded by Director Collier, motioned to adopt the resolution. In roll call vote of the Board the motion passed unanimously. RESOLUTION NO. 42-75 APPEARS ON PAGE 161 OF ORDINANCE & RESOLUTION BOOK IV RESOLUTION AUTHORIZING EXECUTION OF FAA GRANT AGREEMENT The City Attorney read a resolution authorizing execution of an FAA Grant Agreement for Drake Field improvements. Director Purdy, seconded by Director Hughes, motioned -adoption of the resolution. In roll call vote of the Board the motion passed unanimously. . RESOLUTION NO. 43-75 APPEARS ON PAGE 162 OF ORDINANCE F RESOLUTION BOOK IV 307 307.2 307.3 307.4 307.5 307.6, 307.7! 308 RESOLUTION AUTHORIZING LEASE AGREEMENT - Old Post Office 308.1 The proposed resolution would authorize a lease agreement with the Fayetteville Housing Authority for the Old Post Office building for a period of 19 months beginning June 1, 1975 and ending December 31, 1976, at a rent of $1.00 per month. The City Attorney stated that, should the City decide to do extensive remodeling to the building, the lease be amended to provide that the Housing Authority could not terminate the lease within 60 days. 308.2 The City Attorney then read the resolution which was moved for adoption by Director Hughes. Director Purdy seconded the motion which passed unanimously in roll call vote of the Board. RESOLUTION NO. 44-75 APPEARS ON PAGE 163 OF ORDINANCE 8 RESOLUTION BOOK IV 308.3 In view of the recent retirementof Chief of Police Hollis Spencer, the Board briefly discussed the procedures for the appointment of a new Chief. Director Todd felt that the Board should give some guidance as to the type of person needed and the particular priorities of the department. Mr. Grimes suggested that the Board Fire and Police Committee consider the matter. 308.4 Director Noland made reference to correspondence from the Alcoholic Beverage Control Commission regarding the poor copy quality of a recent wine permit application for the Pizza Inn located on Green Acres Road. He stated that he believed the application contained erroneous information and that per- haps the Board should oppose the application. Director Hughes motioned that the City Attorney be authorized to protest the wine permit application of the Pizza Inn. The motion was seconded by Director Todd and was unanimously passed in roll call vote of the Board. 308.5 Administrative Aide David McWethy informed the Board that recent dis- cussions with consultants studying the Warner Cable tate increase indicated that the study might not be completed before July 1 or July 15. ADJOURNMENT 308.6 There being no further business, Director Hughes motioned to adjourn the meeting. The motion met with approval of the Board whereupon the Mayor declared the meeting adjourned. ATTEST: . c Darlene Westbrook, City Clerk APPROVED: 6/44.111.7:4:,6.A41) Marion R. Orto , Mayor 308 1 1