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HomeMy WebLinkAbout1975-07-01 Minutes316 • MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS July 1, 1975 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on June 17, 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, Paul Noland, John Todd, Al Hughes (absent at roll call); 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 316.1 The meeting was called to order by Mayor Orton. Following a brief moment of respectful silence, the minutes of the June 17, 1975 meeting were considered for approval. 316.2 Director Todd requested that the first sentence of paragraph 310.6 be amended to read: "...and felt that the statement cast unfavorable reflections upon the work of the Planning Commission based upon his attendance at the Planning Commission meeting at which the matter was decided." The City Attorney requested that the words "state statute" appearing in the same paragraph be changed to read "municipal ordinance". Director Todd also requested amendment to the third sentence of paragraph 312.3 to cause it to read: "...to survey the public's opinion concerning possible sources of revenue." Paragraph 313.6 was cited by Todd to have an incorrect report of the vote and noted that it should be five "Ayes" and not six. Director Todd requested that paragraph 315.6 be amended to read: "Director Todd stated that it would seem the Sanitation Department should be on a self-supporting basis and should not need appropria- tions from the Revenue Sharing fund to finance capital expenditures." An addition to the paragraph was requested by Todd to read: "Director Todd under- stood the need for the appropriation in view of the pending solid waste dis- posal facility expenditure, but that the Sanitation fund should be self-supporting in the long run and that the appropriation should be viewed as an exception rather than general policy. 316.3 Paragraph 313.1 was amended to cause it to read: "Director Todd stated that other fees perhaps were too low and that he would be inclined to support this fee as a temporary measure with adjustments being made in the future based upon cost reimbursement. There being no further corrections or addi- tions, the minutes were declared approved as amended. ORDINANCE AMENDING CITY CODE - Liquor Stores 316.4 The proposed ordinance would amend the City Code by allowing retail liquor stores as a use -by -right in C-2 and C-3 zoning districts. The City Attorney reported that an ad hoc committee appointed by the Mayor had proposed to specifically place retail liquor stores in a particular use unit as a use -by -right in C-2 and C-3 zoning districts and to amend the zoning ordinance by imposing use conditions. The City Attorney then read the ordinance for the first time. Mr. McCord pointed out to the Board that the use restrictions 316 1 1 1 • 1 1 r were not included in the ordinance since the Planni g Commission had not yet held the public hearing on the proposed conditi s. The City Attorney then read the ordinance for the first time. Several Board members were not in favor of considering the ordinance without the use restrictions; therefore, Director Noland, seconded by Director Collier, moved to table the ordinance. In roll call vote of the Board with one=member absent, six "Ayes" and no "Nays" were recorded. Attorney Tom Keith, representing the Skelton Street Committee, stated that his clients could not support the Board's approach as set out in the proposed ordinance and that proposed use restrictions would affect very few of the C-2 zones. The approach favored by his clients, he said, would be the establishment of C -2L and C -3L zones within the C-2 and C-3 zoning districts. ORDINANCE AMENDING GENERAL LAND USE PLAN - Highway 265 The proposed ordinance would amend the general land use plan for an area in and around the Highway 265 (Crossover Road) corridor, north from Highway 16 East to the Fayetteville/Springdale city limits. Left on third reading at the June 17, 1975 meeting, Director Lancaster moved that the ordinance be amended to provide for commercial use at the Zion Road/Highway 265 intersection as recommended by the Planning'Commission. The motioniwas'secbndedsby•Director Collier. (Director Hughes arrived) In discussion, Director Purdy stated his surprise at the Planning Commission's decision and stated that the Board had given strong implications that there would not be further commercialization of Zion Road because of difficulties experienced in the commercialization of the west end of the road. Purdy asked if residents of the Zion Road area were present and there were none. Following slight further discussion and comment, the motion to amend the ordinance passed unanimously in roll call vote of the Board. The Mayor then 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. ORDINANCE NO. 2119 APPEARS ON PAGE 309 OF ORDINANCE Et RESOLUTION BOOK IV 317 317.1 317.2 317.3 317.4 317.5 REQUEST FOR AMENDMENT TO ANIMAL CONTROL ORDINANCE Mr. Joseph Segers was present in the audience to request that the Cross- 317.6 over Road area between Highway 16 East and Highway 45 East be excluded from the provisions of the year-round "leash law" so that the residents might allow their dogs to remain unconfined so as to provide protection for their property. Mr. Segers cited the sparsely populated area and the numerous home robberies that had occurred in the area In lieu of an amendment to the ordinance, Mr. Segers asked that the Board appoint a committee to study the feasibility of excluding the area from regular patrol by the animal control officer unless there were specific complaints concerning dogs running at large. Sanitation and Animal Control Superintendent Wally Brt was present in the 317.7 audience and stated that the exclusion of one area from the animal control ordinance would make the ordinance difficult to enforce throughout the other areas of the city. Director Todd did tett!ea' that the purposes of the ordinance could be accomplished if isolated areas of the city were not_patrolaed on..a regular basis unless specific complaints were received. 317 318 318.1 The City Attorney advised that the ordinance would be jeopardized if an exclusion were made and suggested that perhaps more regular police patrols could be provided. Following further comment and discussion, the Board took no action on the request. ORDINANCE VACATING AND ABANDONING EASEMENT - Drake Field 318.2 In a memo to the Board, the City Attorney informed that a 1962 easement for airport warning lights executed by Hilton F. and Nora Mae Hudspeth con- tained an erroneous legal description. The Hudspeths had executed a new easement with the correct legal description to be filed upon adoption of the ordinance. 318.3 The City Attorney then read the ordinance the first time after which Director Purdy, seconded by Director Collier, moved to suspend rules and place the ordinance on second reading. In roll call vote of the Board the motion carried unanimously 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 Noland, seconded by Director Hughes, and carried unanimously in roll call vote of the Board. The ordinance was read the third 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. 318.4 318.5 318.6 318.7 ORDINANCE NO. 2120 APPEARS ON PAGE 310 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE AMENDING CITY CODE - 1975 Edition of National Electrical Code The proposed ordinance, tabled at the June 17, 1975 meeting, would amend the City Code by adopting the 1975 edition of the National Electrical Code. The most significant change in the code is the requirement of ground fault interruptors for electrical receptacles located out of doors or in bathrooms. In discussion, Director Purdy expressed the opinion that the city was being forced into a position that would increase construction costs considerably and questioned whether or not the requirement would be worth the added expense. In reply to questions concerning the city's liability should the 1975 edition not be adopted, the City Attorney stated that he would prefer to research and determine the extent of liability. Building Inspector Harold Lieberenz stated that theinstalleeion of ground fault interruptors would cost an additional $35 - $40; however, Director Hughes contended that the cost would be as much. as $300 - $400. Director Purdy stated that should the city prefer to operate with the current electrical code, the city would become arrears in its electrical requirements and would have to take major steps in the future to compensate. Director Hughes, preferring to operate under the current code, motioned to indefinitely table the ordinance. The motion died for lack of a second. Following slight comment and discussion, the City Attorney read the ordinance the first time. Director Purdy, seconded by Director Hughes, motioned to sus- pend rules and place the ordinance on second reading. The motion carried 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 vote of the Board. The ordinance was read the third and final time after which the Mayor asked if the ordinance should pass. In roll call vote of the Board six "Ayes" and one "Nay", cast by Director Hughes, were recorded. The Mayor declared the ordinance passed. The ordi- nance contained an emergency clause; however, no separate vote was taken on the clause ORDINANCE NO. 2121 APPEARS ON PAGE 311 OF ORDINANCE $ RESOLUTION BOOK IV 318 1 1 1 1 1 1 319: RESOLUTION 19:- RESOLUTION AUTHORIZING_EXECUTION OF REVOCABLE LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY The resolution would authorize the Mayor and City Clerk to execute a revocable license for non-federal use of real property for the continued maintenance of a city -owned 10 -inch water line running 10 feet along the eastern boundary of the Fayetteville National Cemetery. Following the reading of the resolution, Director Purdy moved that the resolution be adopted. The motion was seconded by Director Todd and carried unanimously in roll call vote of the Board. The Mayor declared the resolution adopted. RESOLUTION NO. 51-75 APPEARS ON PAGE 170 OF ORDINANCE F, RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS ORDINANCE REZONING PROPERTY - Parker Rushing (R75-8) Director Purdy moved to take an ordinance rezoning property off of the table. The ordinance left on second reading at the May 20, 1975 meeting would rezone an '8O -acre tract of land located at the north end of Stone Bridge Road, east of Crossover Road from R-1 Low Density Residential to A-1 Agricultural. The,City Attorney explained that at the time the ordinance was tabled, the Board had requested the Planning Commission to study the possibility of amending the R-1 zone classification to include riding stables and to recommend use conditions; however, the Planning Commission had not yet made the recommendations.= Mrs., Wanda Yoe was .present in the audience and cited the wording of the rezoning request which indicated that the request was being made to allow a riding academy. She stated that a prime reason for objections from property owners in the area was that they had no idea what thelrfdinfleaadenly operations would involve. Purdy's motion to bring the ordinance off the table died for lack of a second. Director. Noland, seconded by Director Purdy, motioned to place the ordinance on the agenda of the next meeting. In roll call vote of the Board the motion carried unanimously. 319.1 319.2 319.3 319.4 RESOLUTION REQUESTING :MUSING AUTHORITY TO MAINTAIN PUBLIC HOUSING SITE -Willow Heights Director Purdy read a resolution requesting the Fayetteville Housing 319.5 Authority to take immediate steps to correct unsightly and unsanitary conditions existing at the Willow Heights Public Housing Site and that the Housing Authority management make efforts to properly maintain the site. Director Purdy, seconded by Director Todd, moved that the resolution be adopted. In roll call vote of the Board the motion carried unanimously and the Mayor declared the resolution adopted. RESOLUTION NO. 52-75 APPEARS ON PAGE 171 OF ORDINANCE 4 RESOLUTION BOOK IV REPORT FROM BOARD FINANCE COMMITTEE In a brief report, Director Lancaster reported that the letters to the citizens regarding the city's .need' to replace lost revenue had been inserted in the water bills and that the committee hoped that feedback would be received 319 319.6 320 from the citizens soon. He also informed the Board that Mr. Ken Bailey had been contracted to conduct a survey of the public's opinion regarding sources of revenue. RESOLUTION AUTHORIZING APPLICATION FOR GRANT - Planning and Management Assistance Study Grant 320.1 The resolution would authorize the application to the State Department of Planning for a local planning and management assistance study grant in the amount of $9,000 of which $6,000 would be available from state funds. The City Manager noted that a study of the Planning office would be made to determine possible methods of streamlining the office's procedures. Except for $725, most of the local contribution would be in-kind. The City Attorney read the resolution after which Director Noland, seconded by Director Todd, moved that the resolution be adopted. In roll call vote of the Board the motion carried unanimously. 320.2 The Board discussed retaining the services of out of town consultants but Director Todd felt that capable local consultants should not be disquali- fied merely because they were residents of Fayetteville. 320.3 Director Hughes stated that he would like to receive a report on the progress of the grants officer relative to grants applications. Res. 53--1S o' C: I 1:) WARNER CABLE RATE STUDY 320.4 Director Hughes requested that the next agenda include a complete progress report of the Warner Cable rate increase study and that the Board be prepared to take some type of action on the matter at the next meeting. He reported that he had been notified that the company's option for money to finance rebuilding of the system would terminate soon. The City Manager reported that he had had a progress report two weeks previous at which time the con- sultants reported that Warner Cable was relunctant to supply certain infor- mation. Director Noland stated that he would not want the Board to make any decision until the company had supplied the necessary information. ADJOURNMENT 320.5 There being no further business for theBoard's consideration, Director Hughes, seconded by Director Purdy, moved to meet in executive session to dis- cuss a personnel matter. The motion met with the Board's approval whereupon the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: arion R. Orton, Mayor 320 1 1