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HomeMy WebLinkAbout1975-09-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 2, 1975 The Board of Directors -of the City of Fayetteville, Arkansas met in a regular session on September 2, 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 (absent at roll call); John Todd, Paul Noland, Russell Purdy, and Morris Collier. ABSENT: Director Al Hughes 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 Mayor asked if there be any corrections or additions to the minutes of the August 19, 1975 regular meeting. Director Noland requested that the date appearing in the first sen- tence of paragraph 340.3 be changed to August 5, 1975 and that paragraph 346.4 be amended to read: "...permissalbe use in I-1 or I-2 Industrial zones." In regard to the August 19 Warner Cable rate increase discussion, Director Todd moved that a complete transcript of Mr. Brian Knight's comments regarding Warner Cable's reply to the rate study be made a supple- ment to the minutes of that meeting. Director Todd felt that the trans- cript would be valuable for future reference. The motion was seconded by Director Purdy. The followi,ng.vote was recorded: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Lancaster, Hughes The motion was declared passed. There being no further amendments, the minutes of the August 19 meet- ing were approved as amended. RESOLUTION STATPNG POSITION OF -BOARD OF DIRECTORS - Warner Cable The proposed •resolution would express the position of the Board con- cerning Warner Cable's requested rate increase. Mr. Lynn Wade, legal counsel for Warner Cable, filed with the City Clerk and presented Board members with a letter of commitment to rebuild the Fayetteville cable system. The letter was signed by Mr. Rip Lindsey, local Warner Cable manager. Mr. Wade stated that a similar letter of commitment would be forthcoming from the company's New York offices. The City Attorney recommended changes in the wording of the resolu- tion to correspond with existing franchise and FCC regulations. Director Todd stated thatthe Board had a dual responsibility in that it not only 353 353 353.1 353.2 353.3 353.4 353.5 353.6 353.7 354 had to consider what is a fair and reasonable return for the company, but also to assure the citizens that they are paying a fair price for cable service. He requested that the resolution be worded to reflect that concern and responsibility to the citizens. Todd also noted that the resolution stated that Warner Cable "could not" commit itself to a re- build until a rate increase was granted; he felt it should be worded "will not". Director Purdy, seconded by Director Noland, moved that the amendments suggested by the City Attorney and Director Todd be adopted. The recorded vote of the Board was: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Abstain: Lancaster Absent: Hughes The motion was declared passed. 354.1 Director Collier was concerned that the wording of the resolution might obligate the Board to consider a specific $1.00 rate increase when the rebuild was completed and Warner Cable returned for further rate hearings The City Attorney opinioned that the wording would not obligate the City to consider a specific rate increase. 354.2 Following further discussion and comment, Director Noland, seconded by Director Todd, moved that the resolution be adopted. In roll call vote of the Board the following vote was recorded: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Abstain: Lancaster Absent: Hughes The resolution was declared passed. RESOLUTION NO. 61-75 APPEARS ON PAGE 180 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE AMENDING ORDINANCE 1808 - Warner Cable Franchise 354.3 The City Attorney explained the purposes of the proposed ordinance and that it included an emergency clause. Mr. Wade had requested that the Board adopt the ordinance together with its emergency clause to allow an immediate rate increase and commencement of the rebuild program as soon as possible. 354.4 The City Attorney read the ordinance for the first time after which Director Purdy, seconded by Director Todd,omoved to amend Section 3 of the ordinance to cause it to read: "...that said repairs will not be under- taken..." In roll call the recorded vote was: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Abstain: Lancaster Absent: Hughes The motion was declared passed. 354.5 Director Noland, seconded by Director Purdy, moved that rules be sus- pended and the ordinance placed on second reading. In roll call vote of the Board the motion carried with Director Lancaster abstaining and Director Hughes absent. The ordinance was read the second time after which Director Collier, seconded by Director Purdy, motioned to further suspend rules and place the ordinance on third and final reading. The motion carried in roll call vote of the Board with Director Lancaster abstaining and Director Hughes absent. The ordinance was read the third and final time. 354 1 355: Following slight further discussion and comment, Mayor Orton asked if the ordinance should pass as amended. The recorded vote of the Board was: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Abstain: Lancaster Absent: Hughes The ordinance was declared passed as amended. The Mayor then asked if the emergency clause should pass and in roll call vote of the Board the following vote was recorded: "Ayes": Todd, Noland, Orton, Purdy, Collier "Nays": None Abstain: Lancaster Absent: Hughes The emergency clause was declared adopted. ORDINANCE N0. 2142 APPEARS ON PAGE 334-335 OF ORDINANCE & RESOLUTION BOOK IV With approval of Director Lancaster and for the benefit of those in the audience, the City Manager explained that Director Lancaster abstained from voting on the Warner Cable issue because he is associated with a local utility company that associates closely with Warner Cable. 355.1 355.2 ORDINANCE PROHIBITING FIREWORKS The proposed ordinance was discussed briefly at the August 19, 1975 355.3 meeting and then tabled. The City Attorney read the ordinance the first time after which discussion was invited. Noting that the ordinance would provide that permits for fireworks 355.4 displays might be obtained by "responsible organizations", the City Attorney felt that the term "responsible organizations" should be more clearly def'ned. Director Purdy stated that his intention was that a "responsible organization" would be a professional group and would be properly insured. The members of the Board also discussed deleting the phrase entirely if no public comment were received before the next meeting. . Mr. Richard Hipp, present in the audience, felt that enforcement of 355.5 the ordinance would be impossible. Mr. Lester Atkisson, also present in the audience, was concerned that a city ban on fireworks would make rural areas attractive to those who wished to shoot fireworks, thereby ex- posing farm lands and animals to careless citizens. He believed that a state-wide ban on fireworks should be adopted. Director Todd stated that he preferred to leave the ordinance on 355.6 first reading and that he had misgivings about adopting an ordinance to prohibit fireworks since he did not feel there was any more danger in that form of entertainment than in many others. Mr. L. G. Belzung was present in the audience and stated that he felt 355.7 the ordinance would be another encroachment by the government upon people's rights and freedoms. He stated that much of the problem attributed to fire- works was due to lack of parental guidance. After further discussion and comment, the City Attorney stated that he would redraft the ordinance and research the subject more fully. The ordinance was left on first reading. 355 0ukJ APPEAL FOR VARIANCE OF SIGN ORDINANCE REGULATIONS - Lumberjack Builders Supply 356.1 The appeal concerned the location of a sign for Lumberjack Builders Supply located at 2217 North College. The company requested that a variance from the 40 foot setback requirement be granted so that the sign could be located with a setback of 11 feet from the property line. 356.2 Mssrs. Louis F. Kirby, representing Lumberjack; and M. C. Boyer of Boyer Sign Company, were present in the audience. Mr. Boyer, speaking in behalf of the request, stated that the variance was necessary because of heavy rock formations which would make erection of a sign in accordance with the setback requirement difficult and costly. He also cited the fact that a sign erected at a 40 foot setback would be concealed by nearby trees and buildings. Mr. Kirby told the Board that the sign would not be illuminated but would be lighted from below by floodlights. 356.3 Considerable discussion ensued during which the appellants and members of the Board tried to reach a suitable solution. Director Purdy suggested that thesign be erected on one of two "I" beams which are already installed at the site, thereby allowing the sign to be placed further back. Director Collier favored granting the variance and stated that he felt that it would be a penalty to the business if the sign were required to be placed at the 40 foot setback. Mayor Orton questioned the appellants as to whether the extensive location of the rock formation was fact or assumption. Mr. Boyer replied that he was sure the rock formation extended at least beyond the gas station located on the property. 356.4 Mr. Harold Lieberenz, Inspection Superintendednt, stated that he would prefer to see the sign centered upon one "I" beam. As to the possibility of placing the sign on the westernmost beam and bracing it, Mr. Lieberenz did not believe that the sign could withstand the torque;and Director Lancaster reminded the Board that the brace would be considered a part of the sign. 356.5 Following further discussion and comment, Director Lancaster moved that the variance be approved provided the sign be centered on the back post so that no part of the sign would be no closer than 15 feet to the highway right-of-way. The motion was seconded by Director Purdy. When asked by Director Collier if the solution was acceptable, Mr. Kirby stated that it was. Mayor Orton then asked if the motion should pass. The roll call vote was: "Ayes": Lancaster, Noland, Todd, Orton, Purdy, Collier "Nays": None Absent: Hughes The motion was declared passed. REZONING APPEAL - R75-13 / Sylvia G. Collins 356.6 The appeal was in regard to a 1.85acre tract of land located at 645 Ray Avenue. The rezoning request, if approved, would rezone the property from R-1 Low Density Residential to A-1 Agricultural Zoning. 356.7 The City Attorney read a proposed ordinance which would grant the re- zoning as requested. Director Purdy, seconded by Director Noland, moved that rules be suspended and the ordinance placed on second reading. In roll call vote of the Board, with one director absent, the motion carried unanimously and the ordinance was read the second time. Director Noland, seconded by Director Todd, moved to further suspend rules and place the 356 1 1 357 ordinance on third and final reading. In roll call vote of the Board, with one director absent, the motion carried and the ordinance was read the third and final time. Mrs Collins was represented in her appeal by Mr. Richard Hipp who 357.1 stated that the appeal represented a case of hardship in that Mrs. Collins, a widow;.kwas not aware that city ordinance prohibited change in non -conforming uses. Mrs. Collins had placed a mobile home on her property before adoption of the mobile home ordinance. The problem arose, Mr. Hipp explained, when Mrs. Collins recently replaced that mobile home with a newer, larger one; unaware that she was violating city ordinance. Mr. Hipp noted that area homes were spaced far apart and that this particular useage would not interfere with the primary use of the neighborhood. Mrs Collins told the board that her daughter and son-in-law reside in the trailer and provided a source of: adult supervision for her teenaged son during the evenings when she worked. Director Purdy reminded Mr. Hipp that passage of the ordinance would 357.2 only rezone the property and that Mrs. Collins would still have to apply for a variance in the acreage requirements for mobile homes in A-1 districts. Director Noland stated that he had to take into consideration that the Board had recently rejected a similar request to rezone residential property A-1 and that the request involved property located within a mile of Mrs. Collins' property. Director Lancaster mentioned the possiblity that the property would be subject to objectionable uses under the A-1 classification should the mobile home be removed at a later date. Upon completion of discussion, the Mayor asked if the ordinance should 357.3 pass. The recorded vote of the Board was: "Ayes": None "Nays": Lancaster, Todd, Noland, Orton, Purdy Abstain: Collier Absent: Hughes The Mayor declared the ordinance failed. RESOLUTION AUTHORIZING PURCHASE OF PROPERTY - Fletcher Street The resolution, read by the City Attorney, would authorize the Mayor and City Clerk to exercise an option to purchase property for a water line and for a portion of the Fletcher Avenue extension. Director Noland, seconded by Director Purdy, moved that the resolution be adopted. Follow- ing slight discussion and comment, the Mayor asked if the resolution should pass. The recorded vote of the Board was: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes RESOLUTION NO. 71-75 APPEARS ON PAGE lqo OF ORDINANCE & RESOLUTION BOOK IV RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ARKANSAS STATE HIGHWAY DEPARTMENT - Old Wire Road Warning Beacons The resolution, read by the City Attorney, would authorize the Mayor and City Clerk to execute an agreement with the Arkansas State Highway Department for the installation and operation of flashingwarning beacons at the intersection of Old Wire Road and Crossover Road Highway 265). In- stallation and operation of the lights would be at city cost. 357 357.4 357.5 358 358.1 Mr. Alan Beauchamp, present in the audience, felt strongly that four lights should be installed at the intersection and that warning signs informing motorists of the traffic lights should be erected on Old Wire Road. The City Manager informed Mr. Beauchamp that warning signs had already been installed on Old Wire Road. 358.2 Director Purdy, seconded by Director Collier, moved that the reso- lution be adopted. In roll call the following vote of the Board was recorded: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes The resolution was declared passed. RESOLUTION NO. 72-75 APPEARS ON PAGE 191 OF ORDINANCE & RESOLUTION BOOK IV RESOLUTION AUTHORIZING APPLICATION FOR 1976 COMMUNITY DEVELOPMENT FUNDS 358.3 The resolution would authorize the City Manager to apply for 1976 Community Development Block Grant Funds. The City Attorney read the resolution after which Director Todd moved that it be adopted. Director Collier seconded the motion and in roll call the following vote was re- corded: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes The resolution was declared passed. RESOLUTION NO. 73-75 APPEARS ON PAGE 192OF ORDINANCE & RESOLUTION BOOK IV RECOMMENDATION FROM BOARD WATER AND SEWER COMMITTEE 358.4 Director Purdy, Chairman of the Water and Sewer Committee, informed the Board of the committee's recommendation that a HUD "urgent Needs Funds" grant in the amount of $654,000 be used for the construction of an additional 4 -million gallon water storage tank and the continuation of a 24" water main loop around the southern portion of the City. Director Purdy said the projects would make the most advantageous use of the funds. According to Director Purdy, the loop would improve water pressure in the southern area but would not supply water to un- developed areas. 358.5 Director Purdy, seconded by Director Lancaster, moved that the recommendation be adopted. In roll call the following vote was recorded: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes Mayor Orton declared the motion passed. ORDINANCE ESTABLISHING SEWER RATES - Farmington, Greenland, Elkins 358.6 The proposed ordinance would establish sewer rates for the cities of Greenland, Farmington, and Elkins as well as customers located outside the city limits. The monthly wholesale sewage rate for Greenland and Farmington subscribers would be set at $.65 per 1,000 gallons while the 358 1 1 1 359 rate for the Elkins subscribers would be $.50 per 1,000 gallons. City Manager Grimes noted the difference in the rates for Elkins acid explained that Elkins would maintain their own system whereas the cities of Farming- ton and Greenland would not. Rates for customers outside the city limits will be $1.35 per 1,000 gallons. The City Attorney read the ordinance for the first time after which Director Collier, seconded by Director Lancaster, motioned to suspend rules and place the ordinance on second reading. In roll call vote of the Board, with one director absent, the motion carried and the ordinance was read the second time. Director Purdy, seconded by Director Noland, moved to further suspend rules and place the ordinance on third and final reading. In roll call vote of the Board, with one director absent, the motion carried and the ordinance was read the third and final time. In further comment, the City Manager stated that the contracts with the various cities would provide that the rate structures would be reviewed at three-year intervals or at the time Fayetteville's rates are reviewed. He stated that the systems were being financed through im- provement districts which had been established and that each property owner would pay a special assessment. The Mayor asked if the ordinance should pass. In roll call vote of the Board the following vote was recorded. "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes The ordinance was declared passed. ORDINANCE NO. 2143 APPEARS ON PAGE 336 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE ESTABLISHING WATER RATES - Rural Water Growth Area • The City Attorney read the ordinance for the first time after which Director Purdy, seconded by Director Noland, moved to suspend rules and place the ordinance on second reading. In roll call vote of the Board, with one director absent, the motion carried unanimously and the ordi- nance was read the second time. Director Lancaster, seconded by Director -Purdy, moved to further suspend rules and place the•ordinance on third and final reading. In roll call vote of the Board, with one director absent, the motion carried unanimously and the ordinance was read the final time. There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote of the Board was: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes The ordinance was declared passed. ORDINANCE N0. 2144 APPEARS ON PAGE 337-338 OF ORDINANCE & RESOLUTION BOOK IV RESOLUTION AUTHORIZING LEASE AMENDMENT - Scheduled Skyways, Inc. The resolution would authorize the Mayor and City Clerk to execute an amendment to a lease agreement dated May 21, 1974 entered into by Scheduled Skyways with the City of Fayetteville. The City Manager explained that construction of the hangar building occupied by the company 359 359.1 359.2 359.3 359.4 359.5 359.6 360 was delayed for two months during whi fee. The amendment would affect the lease by two months. 360.1 The City Attorney read the resol seconded by Director Purdy, moved to the following vote was recorded: "Ayes": Lancaster, Todd, Noland, "Nays": None Absent: Hughes The resolution was declared passed. ch Skyways nonetheless paid the rental lease by extending the term of the ution after which Director Noland, adopt the resolution. In roll call Orton, Purdy, Collier RESOLUTION NO. 74-75 APPEARS ON PAGE I93 OF ORDINANCE & RESOLUTION BOOK IV REPORT FROM BOARD FINANCE COMMITTEE 360.2 Director Lancaster read the Finance Committee's report which regarded possible uses for any surplus revenue that might be generated by a one -cent city sales tax. Considerable discussion ensued during which Director Todd suggested that the phrase "Maintaining and equipping our recently -expanded parks system" be changed to read: "Developing and equipping our recently -expanded parks system." Director Purdy suggested that any sur- plus revenue generated by the sales tax should be used to reduce the city's bonded indebtedness; however, he stated that he questioned the viability of making specific suggestions at this time. He also stated that, before using any surpluses, he would like to see the city's reserves re-established. 360.3 At the suggestion of Mr. Kenneth Smith and Dr. Loren Heiple, the wording of the second paragraph was amended to cause it to read: "Based on citizen request..." Discussion completed, Director Todd, seconded by Director Noland, moved to adopt the Committee's recommendation as amended. The recorded vote of the Board was: "Ayes": Lancaster, Todd, Noland, Orton, Collier "Nays": None Abstain: Purdy Absent: Hughes The motion was declared passed. The following is the text of the recommenda- tion adopted by the Board. 360.4 It has been estimated that approximately $750,000 will be collected from the 1Q city sales tax, should it win voter approval. In the event that more than $750,000 is collected in the first year of the sales tax, any excess above that amount will be designated for needed capital improvements and associated personnel costs for maintenance and operations. These capital improvements will be selected after public hear- ings at which Fayetteville citizens will have an opportunity to express their priorities and proposals, including the alternate possibilities of retirement of bonded indebtedness and/or tax reduction in lieu of capital improvements. 360.5 Based on citizen requests, your City Directors suggest that the capital improvements might include the following or similar items: 360 1 1 361 1 Construction of a fire station on the east side 361.1 of town, including money for equipment and personnel; Improving our street system for better traffic flow 361.2 and safety, including the installation of left -turn lanes at College Avenue intersections with Maple, Lafayette, and Dickson Streets; a comprehensive street striping program; the extension of Fletcher Street from Mount Sequoyah to Huntsville Road; and taking the "dog" out of Gregg Avenue south of Town- ship Road; Developing and equipping our recently -expanded parks 361.3 system; Rehabilitating the Old Post Office for City Hall purposes. In addition, in the event that the sales tax passes, the Board has no intention to resort to additional taxes for general operating purposes in the forseeable future. RESOLUTION AUTHORIZING PROCEDURES FOR RIGHT-OF-WAY ACQUISITION The City Attorney read a resolution which would authorize the City Engineer to proceed with right-of-way acquisition through condemna- tion for sewer lines to serve the Wyman Road and Stonebridge Road area. Present in the audience was Mr. Lester Atkisson, and Mr. and Mrs. William Bradley, whose properties are included in the area. Mr. Atkisson contended that the sewer line would not benefit his property since he did not plan to divide it into lots and pointed out that the sewer line would have to traverse a timber area. He felt he had given a reasonable offer to the city for the property but that it was not accepted. Mrs. Bradley stated that no one officially had negotiated with them for their easement and expressed dismay that condemnation proceedings would be initiated before they had been contacted. Mayor Orton informed the property owners that an easement would allow them to still own and use the property. Following further discussion and comment, Director Noland moved to adopt the resolution with the deletion of the Atkisson and Bradley properties and to again consider the matter at the next Board meeting. The motion was seconded by Director Lancaster. The following vote of the Board was recorded: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes RESOLUTION NO. 75-75 APPEARS ON PAGE Ig OF ORDINANCE & RESOLUTION BOOK IV 361.4 361.5 361.6 361.7 PURCHASING ITEMS Bid 291 - Street Department Crew Cab Pickup: The Administrative Assistant 361.8 presented the recommendation that the bid be awarded to Whit Chevrolet of Fayetteville in the amount of $5,366.65. 361 362 362.1 Director Todd suggested that award of the bid be delayed pending results of the sales tax referendum to be held September 9. He did not believe that, in light of the city's financial plight, the expenditure should be made at this time. He moved to table award of the bid and Director Lancaster seconded the motion. The recorded vote of the Board was: "Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": None Absent: Hughes The motion was declared passed. OTHER BUSINESS REQUEST FOR WAIVER OF MASTER STREET PLAN - Cleburn Street 362.2 Mr. Kenneth Smith was present in the audience to request a waiver of the Master Street Plan for Cleburn Street located in the Roy Adams Addi- tion. Mr. Smith, planning to build a home an a lot which would be too shallow to accomodate the type of home he wished to build, requested that a five foot waiver be granted. He stated that Cleburn is not a through street. 362.3 Dr. Loren Heiple was present in the audience to speak in behalf of Mr. Smith's request and stated that development has not occurred in the addition because of what he belived to be the restricting effect the Master Street Plan has had on the lots. 362.4 Mr. Smith requested that he be allowed to build the home at an ori- ginal setback of 25 feet which was in effect before the HSP was adopted. Mr. Smith contended that Cleburn would not likely be made a through street because of the area's terrain. Directors Purdy and Collier stated that they would not be willing to consider a decision at this meeting because thay had not had a chance to inspect the property. Other members of the Board concurred and Mayor Orton directed that the request be placed on the next agenda. INFORMATION CONCERNING 'NO SMOKING' 362.5 Director Collier presented the Board with information concerning an ordinance adopted by the City of Houston which prohibits smoking in public places. He stated that, at the City's request, various authorities, including the Mayor of Houston, would travel to Fayetteville at their ex- pense to present a program concerning the prohibition of smoking in public places. Mayor Orton asked that the City Manager be conferred with as to the possibility of scheduling such a program. NOMINATIONS FOR CITY COMMITTEES 362.6 The Administrative Assistant brought to the director's attention a packet of information concerning nominations for vacancies to be filled on various committees and commissions. Director Todd informed that a Nominating Committee meeting would be held September 10, at 8:00 a.m. ADJOURNMENT 362.7 There being no further business, Mayor Orton declared the meeting adjourned. 1 1 ATTEST: F, `C(,tulf CITY CLERK 362 APPROVED: //42-zetnL MAYOR