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HomeMy WebLinkAbout1975-12-16 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS December 16, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on December 16, 1975 at 7:30 p.m in the Director's Room of the City Administration Building. PRESENT: City Manager Donald Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Marion Orton, Ernest Lancaster, John Todd (absent at roll call), 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 Mayor Marion Orton called the meeting to order and, following a brief moment of respectful silence, asked if there be any amendments to the minutes of the December 2, 1975 regular meeting. City Attorney Jim McCord requested that paragraph 58.3 be amended to read: "He said that even though there was no case precedent in Arkansas, and decisions of other jurisdictions were conflicting, some juris- dictions have upheld municipalitie's requirements for such improvements." He also requested that paragraph 61.2 be amended to cause it to read: ..authorizing the Mayor and City Clerk to execute a contract change order..." There being no further amendments necessary, the minutes were approved as amended. SIGN APPEAL REHEARING - United Freight Sales Considered and denied by the Board at the December 2, 1975 meeting, the appeal regards a setback variance request for a sign to be located six feet from street right-of-way. The City Attorney advised that proper notification to the appellant probably had not been given as required by ordinance and that the request for rehearing should be granted so as to give the appellant the opportunity to represent the request. Mr. Al Sfortunato was present to represent the request and explained that the sign would be of the same dimensions as an older wooden sign which had fallen into disrepair. Mr. Sfortunato stated that the sign would be obstructed from view by trees and would be too close to the building if it were placed at the required setback. He said the new sign, if placed six feet from the right-of-way, would not obstruct vision of motorists. He stated that he was not aware that a new permit would have to be obtained to erect the sign since the only difference in the two signs was that the new sign would be made of different materials. He assured the Board that if the variance were granted, "We definitely would never attempt to do anything to the sign except as it is now." 63 63 63.1 63.2 63.3 63.4 64.1 Director Noland stated his concern that if Highway 62 West were widened to four lanes as planned, the sign would be too close to the highway. In reply, Mr. Sfortunato stated that he would be more than willing to cooperate if arrangements could be made to allow the sign to be located as requested until such time as a four -lane highway became reality. 64.2 The Mayor explained that the Board had to use caution in its decision so as not to provide precedent for approval of like requests; however, the City Attorney advised that establishing a precedent would not be a concern if the appeal were granted on the basis of hardship. 64.3 Director Lancaster agreed with Director Noland in that the sign would be too close to the highway and Director Todd indicated that another sign located so close to the highway would compound the problem of exist- ing signs along the thoroughfare. 64.4 Director Purdy, seconded by Director Todd, moved that the request for variance be denied. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": Collier The motion was declared failed and the variance denied. ORDINANCE REZONING PROPERTY - R75-29 / Kaylor Investment Co., Inc. 64.5 The petitioners had originally requested that a 40 acre tract lo- cated at the southwest corner of the Joyce Street/Highway 265 intersec- tion be rezoned from C-1 Neighborhood Commercial and A-1 Agricultural to R-0 residential Office. In consideration of the request, the Planning Commission had subsequently recommended that only a portion of the parcel (800 feet west along Joyce Street then south to Mud Creek) be rezoned R-0. 64.6 The City Attorney read for the first time a proposed ordinance rezoning the property as recommended by the Planning Commission. Director Noland, seconded by Director Todd, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. 64.7 Director Purdy, seconded by Director Noland, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. 64.8 Mr. Jim Vizzier, representing the request, presented the plan for the rezoning request. Noting that the Planning Commission had objected to re- zoning the entire tract R-0, Mr. Vizzier informed the Board that approximate- ly 20 acres would be affected under the Planning Commission's recommenda- tion. Because plans for any subdivision of the remainder of the parcel for residential purposes had not been finalized, Mr. Vizzier stated that plans for a subdivision or planned unit development would be presented as soon as possible and that favorable action from the Board on the re- quest would allow further plans to be made for utility provisions to the parcel. 64 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The ordinance was declared passed. ORDINANCE NO. 2174 APPEARS ON PAGE 38 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R75-30 / Fayetteville Public Schools The proposed ordinance would rezone several parcels of property on which public schools are located from R-1 Low Density Residential nf� and R-2 Medium Denisty Residential to P-1 Public Institutional. Pro- perties to be affected by the rezoning are: Washington Elementary School d' between Lafayette and Maple Street, Forest and Highland Avenues; Leverett Elementary School at the northwest corner of Cleveland Street and CO Garland Avenue; Butterfield Trail Elementary School, 3050 Old Missouri Road; and Happy Hollow Elementary School at the north end of Ray Avenue. The City Attorney read the ordinance the first time after which Director Noland, seconded by Director Lancaster, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Director Noland, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no discussion or questions concerning the ordinance, the Mayor asked if the ordinance shouldpass. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2175 APPEARS ON PAGE 39-40 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING MASTER STREET PLAN The proposed ordinance would amend the Master Street Plan as follows and as recommended by the Planning Commission: (1) designate the bypass service roads as part of the Master Street Plan; (2) relocate Zion Road in the area of Crossover Road to eliminate two ninety degree curves; (3) re- locate the Elaine Street/Crossover Road intersection; (4) delete any ex- tension of Center Street east of the Mount Sequoyah area; and (5) desig- nate Old Wire Road east of Crossover Road as a collector Street. The City Attorney informed the Board that one purpose of the pro- posed ordinance in regard to the service roads was to help overcome any questionable legality of the Controlled Access Highway Ordinance in 65 6 65.1 65.2 65.3 65.4 65.5 65.6 65.7 r.,L. which developers are required to dedicate right-of-way at the time develop- ments along the bypass are proposed. Director Hughes stated that he never had agreed that developers should be required to make right-of-way dedications and felt that the proposed amendments to the Master Street Plan should be considered carefully by the Board. 66.1 Mayor Orton stated that she had received correspondence from the Planning Consultant requesting that amendment number three be tabled. Director Hughes moved that further consideration of the ordinance be tabled. Director Collier seconded the motion. Following slight discussion, Director Hughes amended his motion in that the ordinance be tabled and referred back to the Planning Commission for further study. 66.2 Director Noland then moved that the motion be further amended to indi- cate that items 3 and 4 be referred back to the Planning Commission. Noland's motion was seconded by Director Purdy. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed. The recorded roll call vote of the Board on Director Hughes' amended motion was: "Ayes": Hughes, Collier "Nays": Lancaster, Todd, Noland, Orton, Purdy The City Attorney stated that according to Robert's Rules of Order, motions to table are undebatable and unamendable. The Mayor declared the motion to table failed. 66.3 The City Attorney then read the ordinance the first time. During discussion, Director Hughes questioned the necessity of including the extension of Old Wire Road east of Crossover Road in the plan. The City Manager replied that the requested amendment was at his suggestion in anticipation of future improvement to the intersection. If state or federal aid were ever requested, the street would have to be included in the plan to be eligible for matching funds, he said. Director Noland then moved to amend the ordinance by deleting items 3 and 4 and referring them back to the Planning Commission. Director Lancaster seconded the motion and the recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the motion passed. 66.4 Director Lancaster, seconded by Director Noland, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. 66.5 Director Todd, seconded by Director Purdy, moved that rules be further suspended and the ordinance placed on third and final reading. The record- ed roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. 66.6 There being no further discussion, the Mayor asked if the ordinance as amended should pass. The recorded roll vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The ordinance was declared passed as amended. ORDINANCE NO. 2176 APPEARS ON PAGE 41 OF ORDINANCE & RESOLUTION BOOK V 66 • ORDINANCE AMENDING CITY CODE - Accessory Buildings The proposed ordinance would amend the City Code by deleting the re- quirement that "detached accessory buildings" be located at least ten feet from dwellings. The City Attorney read the ordinance the first time after which Director Purdy, seconded by Director Collier moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. Director Todd, seconded by Director Noland, moved that rules be further suspended and the ordinance placed on third and final reading. The re - 64 corded roll call vote of the Board was: 7+ "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier Q "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2177 APPEARS ON PAGE 42 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R75-21 / Jerry D. Sweetser, et al The rezoning appeal concerned the request that a 2.9 acre tract lo- cated on the south side of Lawson Street between Gregg and Vandeventer Avenues be rezoned from R-1 Low Density Residential to R-2 Medium Density Residential. Petitioners of the appeal were Jerry D. Sweetser, Gladys Sonneman, and Sarah Sonneman Schultz. Attorney Bill Storey was present to represent the petitioner's appeal and presented the Board with photographs of the property involved and gave a brief history of events leading to the appeal. Mr. Storey contended that a primary reason the request failed to win Planning Commission appro- val was that two of the Commission members were absent --one of which had indicated by written correspondence (presented to the Mayor) that he would have favored the request and would have voted accordingly. Mr. Storey stated that the wishes of the residents of the neighborhood should not be overlooked but that the determining factor of the rezoning request should be the effect the rezoning would have. Mr. Storey then introduced Mr. Jim Vizzier, a private planning consultant. Mr. Vizzier, with the aid of aerial photos and drawings, told the Board that the area presented problems in regard to planning and stated that quite a few substandard houses existed in the area as well as vacant parcels of land which needed to be used and upgraded. Mr. Vizzier explained that the terrain was not conducive to single family residential construction whereas an apartment complex could be more economically developed on the terrain. Since he felt the R-1 restrictions made the par- cel unattractive for duplexes, the R-2 zoning would be ideal and would provide incentive for development and upgrading of the area. 67 6 7 67.1 67.2 67.3 67.4 67.5 67.6 68.1 In answer to questions concerning the development of Lawson Street, Mr. Storey stated that in the event the rezoning is granted, the petitioner planned to form an improvement district for the paving of the street. 68.2 Mr. Dick Titus, 1342 North Gregg, presented a slide program which de- picted the present housing, condition of Lawson Street, and terrain of the area. Mr. Titus,and a group of concerned property owners of the area who opposed the request, were particularly interested in the effect the rezoning would have upon area property values. Among other citizens present to oppose the rezoning were Mr. Guy Cartwright, Mrs. J. H. Bushey, Mr. James Scroggs, and Mr. Walter Brown; all of whom expressed concern about adverse affects the rezoning would have upon property values and the added traffic volume that would result. 68.3 As a result of the opposition expressed by the large group of opposing property owners, Mr. Storey informed the Board that his client would offer an amended request by withdrawing the petition in regard to lots 11, 10, and 9 of the parcel so as to provide a buffer to the east and south of the property. He stated that the amended request would leave approximately 1.5 acres to be developed which would allow approximately 15 units. The opposing property owners indicated to the Board that the proposal was not acceptable as they felt any rezoning to R-2 would provide stepping stone for additional R-2 rezoning requests in the area. 68.4 The City Attorney read the ordinance the first time reflecting the amended request of the petitioner. Director Noland, seconded by Director Purdy, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. 68.5 Director Purdy, seconded by Director Collier, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. 68.6 In further discussion, Director Todd mentioned that the property could be allowed to have 44 units to which Mr. Storey replied that his client said there would be no more than 20 units placed on the property if the rezoning were approved. The opponents again indicated their dis- approval for R-2 zoning. Following slight further comment, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Hughes "Nays": Lancaster, Todd, Noland, Orton, Purdy, Collier The Mayor declared the ordinance failed. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - 2262 South School 68.7 The proposed ordinance would approve the large scale development plan of Glen Oldham for property located at 2262 South School and would accept and confirm street right-of-way dedication and/or utility easements. Approval of the plan was contingent upon provision by the developer of temporary sewer facilities as recommended by the City Engineer and without utilizing a septic tank. 68 NOTE: This page inadvertently left blank. The next page is Page 70. 70.1 The City Attorney read the ordinance the first time after which Director Purdy, seconded by Director Todd, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. 70.2 Director Purdy, seconded by Director Noland, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. 70.3 Following brief discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the ordinance passed. ORDINANCE N0. 2178 APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION BOOK V RECOMMENDATION OF BOARD NOMINATING COMMITTEE - Appointments 70.4 The Board Nominating Committee recommended several appointments to City boards, commissions, and committees for vacancies to occur January 1, 1976. Director Todd, Chairman of the Nominating Committee, reported the following recommendations: 70.5 Board of Adjustment: The Nominating Committee had recommended the appointment of Ms. Suzanne Lighton to serve a five-year term to expire January 1, 1981. Director Hughes nominated Mr. Chester House. There be- ing no further nominations, the Mayor asked if the nomination of Ms. Lighton should be accepted. The roll call vote of the Board was: "Ayes": Todd, Noland, Orton, Purdy "Nays": Lancaster, Hughes, Collier The Mayor declared the nomination of Ms. Lighton accepted. 70.6 Board of Construction Appeal: The appointment of Mr. J. Palmer Boggs was recommended by the Nominating Committee for a five-year term to expire January 1, 1981 There being no further nominations, Director Todd, seconded by Director Noland, moved that the nomination be accepted. Director Hughes noted that the Building Code stipulated the term of the position to be four years. Director Todd amended his motion to state the term would be in accordance with the Building Code. The Mayor asked if the motion should pass. The roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the nomination accepted. 70.7 City Hospital Board of Trustees: The Nominating Committee recommended the appointment of Dr. Joe B. Hall for a ten-year term to expire January 1, 1986. There being no further nominations, Director Noland, seconded by Director Todd, moved that the nomination be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The nomination was declared accepted. 70 u, Tr c6 CO • Community Appearance Committee: The Nominating Committee recommended the appointment of Barbara Barnes, Wanda Yoe, and Nancy Roatcap for terms to expire January 1, 1977; Mose Diehl for a term to expire January 1, 1978; and Gerald Klingman, James Rutherford, and Cindy Gabbard for terms to ex- pire January 1, 1979. Director Todd reported that the recommended terms reflected the recommendation of the City Manager to stagger the terms and place them on a rotating basis. There being no further nominations, Director Collier, seconded by Director Noland, moved that the nominations be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the nominations accepted. Roberta Fulbright Memorial Library Board of Trustees: The Committee recommended the appointment of Ms. Narnee Murphy for a two-year term to expire January 1, 1978, Mr George Shelton for a five-year term to expire January 1, 1981, and Ms. Martha Brewer for a six-year term to expire January 1, 1982 Director Collier, seconded by Director Noland, moved that the nominations be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the nominations accepted. Parks and Recreation Advisory Board: The Committee recommended the appointment of George Holland, Jerry Marshall, Hamilton Hart, and Ben win - born for terms to expire January 1, 1978. There being no further nomina- tions, Director Noland, seconded by Director Lancaster, moved that the nominations be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the nominations accepted. Planning Commission: The Committee recommended the appointment of Ernie Jacks, Peg Anderson, and Keith Newhouse far six-year terms to ex- pire January 1, 1982. There being no other nominations, Director Noland, seconded by Director Lancaster, moved that the nominations be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes". Lancaster, Todd, Noland, Orton, Purdy, Collier "Nays": Hughes The Mayor declared the nominations accepted. Pollution Control Committee: The Committee recommended the appointment of Lois Imhoff, Richard Meyer, William Smiley, Robert Waldron, and Lloyd Patterson for three-year terms to expire January 1, 1979. There being no other nominations, Director Noland, seconded by Director Purdy, moved that the nominations be accepted by acclamation. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the nominations accepted. RESOLUTION ACCEPTING DEDICATIONS OF LANDS FOR CITY PARK PURPOSES The City Attorney read a resolution accepting parcels of land for city park purposes --one a 1.64 71 the dedication of two acre tract located at 7 1 71.1 71.2 71.3 71.4 71.5 71.6 the southwest corner of Crossover Road/Old Wire Road intersection, and a second parcel consisting of approximately two acres and located in the Sweetbriar Addition east of Old Missouri Road. The Crossover Road lo- cation was authorized by the City Board to be purchased at a price of $540.00 as stipulated in Resolution 47-75. The Sweetbriar property was dedicated by Mr. and Mrs. A. P. Eason, Jr. and Mr. and Mrs. Jerry D. Sweetser. 72.1 In reply to inquiry from Director Hughes, the City Manager stated that development of the parks would be on an "as can" basis with responsi- bility for development and upkeep to fall to the Buildings and Grounds and Parks and Recreation Departments. He did note that plans were being made for removal of brush at the Crossover Road site. 72.2 Following further slight comment, Director Noland, seconded by Director Purdy, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution adopted. RESOLUTION NO. 97-75 APPEARS ON PAGE 22 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION SUPPORTING CITY PARTICIPATION IN NATIONAL ALLIANCE OF FINANCIALLY RESPONSIBLE LOCAL GOVERNMENTS 72.3 The resolution would declare Fayetteville's intent to assist in the establishment of a National Alliance of Financially Responsible Local Governments; would establish certain financial practices and guidelines; and would appoint the City Controller as the City's representative to the organization. 72.4 City Controller Pat Tobin assured the Board that the proposed guide- lines would not greatly affect the City's current financial practices and that the only cost would be expenses for travel to meetings of the organization. He noted that the City could benefit from membership in such an organization in that, by being a member in good standing, lower interest rates for bond issues might be attained. He also indicated that if more cities would adopt the recommended guidelines, federal regulation of municipal financial practices might be averted. Following slight further comments and discussion, Director Hughes, seconded by Director Purdy, moved that the resolution be adopted. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution adopted. RESOLUTION NO. 98-75 APPEARS ON PAGE 23-25 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REGULATING GARAGE AND WRECKER SERVICES PREMISES 72.5 An ordinance to regulate garage and wrecker service premises with respect to appearance of properties was read the first time by the City Attorney. Director Lancaster suggested that the ordinance be left on first reading so as to allow parties that would be affected by such an 72 to 04 tt. G Ca Cb ordinance an opportunity to study and comment oh the proposed ordinance. The Board concurred with the suggestion and the ordinance was left on first reading. RESOLUTION AUTHORIZING GRANT APPLICATION - HUD Innovative Project The resolution would authorize the City Manager to apply for a HUD Innovative Project grant for a proposed municipal incinerator/steam generating plant. The resolution was read by the City Attorney after which Director Noland, seconded by Director Collier, moved that the reso- lution be adopted. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 99-75 APPEARS ON PAGE 26 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION ABANDONING EASEMENT - Henry T. and Virginia Haseloff, et al The City Attorney read a resolution to abandon a 1949 water and sewer easement granted by Henry T. and Virginia Haseloff in exchange for a new right-of-way to be executed by the parties. The City Attorney assured the Board that all legal documents were in order. Director Hughes, seconded by Director Noland, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 100-75 APPEARS ON PAGE 27 OF ORDINANCE & RESOLUTION BOOK V 73 73.1 73.2 73.3 ORDINANCE AMENDING PLANNING AREA BOUNDARIES The City Attorney read an ordinance amending the City's Planning Area 73.4 Boundaries. The amendment was necessary to correct an error in the des- cription of the area. Director Noland, seconded by Director Todd moved that rules be sus- 73.5 pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Director Todd,moved that rules be further 73.6 suspended and the ordinance placed on third and final reading. The record- ed roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. 73.7 The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the ordinance passed. ORDINANCE N0. 2179 APPEARS ON PAGE 44 OF ORDINANCE & RESOLUTION BOOK V 73 ORDINANCE ACCEPTING RIGHT-OF-WAY DEDICATION - Mission Blvd./Falli 74.1 The ordinance, read the first time by the City Attorney, wou and confirm dedication of street right-of-way along a portion of Boulevard and Fallin Avenue. The City Manager stated that the ri dedication was necessitated by a lot split. 74.2 Director Todd, seconded by Director Noland, moved that rules pended and the ordinance placed on second reading. The recorded vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the sec 74.3 Director Lancaster, seconded by Director Todd, moved that ru further suspended and the ordinance placed on third and final rea recorded roll call vote of the board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed and the ordinance was read the thi time. 74.4 There being no discussion, the Mayor asked if the ordinance The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the ordinance passed. n Ave. ld accept Mission ght-of-way be sus - roll call and time. les be ding. The rd and final should pass. ORDINANCE NO. 2180 APPEARS ON PAGE 45 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING LEGAL ACTION - Carroll Electric Cooperative Corp. v Southwestern Electric Power Company and Beaver Water District 74.5 The resolution, read by the City Attorney, would authorize the City Attorney to file an amicus curiae brief regarding the lawsuit between Carroll Electric Cooperative v Southwestern Electric Power and Beaver Water District. The City Manager, citing the possible substantial increase in rates which the City pays for Beaver water, recommended that the legal action be taken. Director Purdy, seconded by Director Noland, moved adop- tion of the resolution. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Abstain: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 101-75 APPEARS ON PAGE 28 OF ORDINANCE & RESOLUTION BOOK V AUTHORIZING ADVERTISEMENT FOR BIDS - Bicentennial Trees. 74.6 City Manager Grimes informed the Board thatthe City had received a small grant from the State Bicentennial Commission to match Community Development funds to finance a tree planting project in conjunction with the Bicentennial celebration and Community Development program. He re- quested authorization to advertise for bids for the trees. Director Purdy, seconded by Director Todd, moved that the requested authorization be granted. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, NOland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the motion passed. 74 CONSIDERATION OF PROPOSED 1976 GENERAL FUND BUDGET AND PAY PLAN Copies of the 1976 proposed General Fund Budget and Pay Plan had been distributed to members of the Board prior to the meeting for their review and study. Director Lancaster, Chairman of the Board Finance Committee, commented that in previous years the budget had been presented to the Board at a meeting with final adoption occurring two or three meetings later. This year, however, he stated thatthe Board Finance Committee had worked several months to draft a proposed budget which they could.recommend to the full Board in order to eliminate delays in adopting the budget. He recommended that the budget be considered at this meeting and approved and that the proposed pay plan be amended to include a 5% cost of living increase in the salary of the City Manager as had been provided for all SQ other employees. In discussion, Director Todd requested that the 1976 General Fund Projected Balance more clearly portray what the actual deficit is in CC 1975 without Revenue Sharing by splitting the 1975 estimated revenue into two parts: (1) non Revenue Sharing, and; (2) Revenue Sharing transfer. He also requested that costs for a special census be deleted from the Administration budget and added to the Revenue Sharing budget. During discussion, the City Controller and Budget Officer answered questions con- cerning anticipated revenues from franchises, permits and swimming pool operations. In regard to personnel, the City Manager explained that regular vacancies have been filled through the CETA program and that 18 of 192 such vacancies had been filled by CETA personnel. He noted that the City will face difficulties in 1976 should the CETA program not be extended by June 30, 1976. Director Hughesstrongly favored advanced consideration of future budgets. Commenting from the audience and representing the Fayetteville Youth Center was Mr. George Holland who called to the Board's attention the fact that the Youth Center was being asked to take a 15% cut in trans- fers for operation of the center. Suggesting that cuts in the youth center program might increase the number of youthful offenders thereby increasing the workload of the City Police Department, Mr. Holland contended that the cuts would be more harmful than helpful. Mr. David Lashley, also speaking in behalf of the Youth Center stated that the cut in transfers came at a time when it will be several more months before a new budget is con- sidered. He recalled that several years ago the City had decided to devote time to start a youth program but that the time heretofore devoted will have been wasted if the cut in transfers is made.. Members of the Board were sympathetic to the pleas of those represent- ing the Youth Center but reminded the representatives that the Board had forewarned the public that decreases in the City's revenues would adversely affect the Youth Center programs. Discussion completed, the City Attorney read a resolution to adopt the 1976 General Fund Budget. Director Lancaster, seconded by Director Purdy, moved adoption of the resolution. The Mayor asked if the motion should pass. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 102-75 APPEARS ON PAGE 29 OF ORDINANCE & RESOLUTION BOOK V 75 7e; 75.1 75.2 75.3 75.4 75.5 RESOLUTION ADOPTING 1976 PAY PLAN 76.1 The City Attorney then read a resolution adopting the 1976 Pay Plan as amended to reflect a 5% salary increase for the City Manager. Director Lancaster, seconded by Director Hughes, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The Mayor declared the resolution adopted. RESOLUTION N0. 103-75 APPEARS ON PAGE 30 OF ORDINANCE & RESOLUTION BOOK V RECOMMENDATION OF BOARD STREET COMMITTEE 76.2 Director Hughes, Chairman of the Board Street Committee, reported that the priorities list of street projects remained basically the same as those approved for 1975. He therefore moved that the 1975 street priorities be reconfirmed. The motion was seconded by Director Purdy. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland. Huahes. Orton Purdy. Collier "Nays": None The motion was declared passed. ADJOURNMENT 76.3 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: /27:0--/sfiz//fir Marion R. Orton, Mayor 76