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HomeMy WebLinkAbout1976-02-03 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS February 3, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on February 3, 1976 at 7:30 p.m. in the Directors 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, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. C4 d" 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 January 20, 1976 meeting. City Attorney McCord requested that paragraph 88.4 be amended to read: "...that he was not aware of any rulings..." Director Noland requested that the fourth sentence of paragraph 85.2 be amended to read: "Director Todd cited the Birch and Florene Street projects and expressed his concern that future projects might serve to benefit owners of apartments." He also requested that discussion concerning a rezoning request appearing on page 87 reflect that the Board had discussed that seven duplexes could be constructed under the present zoning classifica- tion and that an R-2 classification would allow twelve duplexes. Also, that some of the Board members felt the rezoning would constitute spot zoning if the request were granted since no R-2 zones existed near the parcel in question. The requested amendments met with Board approval and the Mayor de- clared the minutes approved as amended. ORDINANCE AMENDING SUBDIVISION REGULATIONS - Traffic Safety The proposed ordinance would amend the current subdivision regulations by providing street design standards to be followed by developers of sub- divisions in order to avoid creation of traffic hazards. The City Attorney explained that the approval several months ago of a subdivision which the Board felt did not provide safe access to streets caused the Board to re- quest an ordinance which would adopt safety regulations as requirements for approval of a subdivision plat. City Manager Grimes expressed concern that the proposed ordinance would further complicate subdivision approval procedures and felt that an acceptable, simpler alternative should be considered. The City Attorney reported that he had researched the issue and had found that a Connecticut city's ordinance dealing with the subject had been upheld in a case ruling of that jurisdiction. Based upon that ruling and ordinance, 95 95 95.1 95.2 95.3 95.4 95.5 he suggested that a more simplified ordinance be drafted which would stipulate, (1) streets shall be planned and designed to provide a safe and convenient system for present and prospective traffic; and, (2) pro- posed streets shall be planned in such manner as to provide safe and convenient access to proposed lots. He explained that these were two provisions upheld by the Connecticut jurisdiction as being sufficent standards. 96.1 A motion to table the ordinance was made by Director Hughes but died for lack of a second. Director Hughes felt the ordinance should apply to all streets and not be limited to arterial streets. Further, that the ordinance under consideration would serve to prohibit or stifle development of some large parcels located in the city. Following slight further comment, Director Hughes moved that the simplified ordinance as proposed by the City Attorney be referred to the Planning Commission for further study. Director Collier seconded the motion. The City Attorney stated that he would attach correspondence with the proposed ordinance informing the Planning Commission of the Board's desire for a recommenda- tion by the next Board meeting. 96.2 The recorded roll call vote of the Board on the motion was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. ORDINANCE AMENDING MASTER STREET PLAN 96.3 The City Attorney read a proposed ordinance to amend the Master Street Plan by (1) adjusting the proposed location of Elaine Street in the Old Wire Road/Crossover Road area; (2) designating Itson Road and a portion of Oakland Road as collector streets; and (3) designating Old Wire Road east of Crossover Road (referred to as Bailey Road on some agQs as an arterial street. The City Attorney read the ordinance the 96.4 irswags). red nt in the audience was Mr. Lloyd Warren who called to the attention of the Board several descrepencies in designations of the Old Wire Road, Itson Road, and Oakland Road. He proposed that Itson Road be renamed Skillern Road as it was more commonly known; that the Oakland -Zion Road be so designated on the map to alleviate confusion with the Zion Road to Highway 71 North; and that a recently opened county road be designated Bridgewater Lane. He also felt that, with the cooperation of the City of Springdale, proper designation could be restored to the Old Wire Road (Old Missouri Road) for its route running north to Springdale and parallel to Highway 71 North. 96.5 Considerable discussion followed Mr. Warren's suggestions in which Board members showed interest in properly designating the roads; however, they felt that roads lying outside the city limits should be designated by the County and suggested that Mr. Warren present his suggestions to the County Planning Board and/or the County Historical Society. Mr. George Blackwell, present in the audience, spoke in favor of numbered street designations as a more acceptable alternative to applying family names to streets. 96.6 Director Lancaster moved that the County Planning Commission consider Mr. Warren's suggestions and at some future date meet with the City Planning Commission to consider the changes. He then amended his motion and moved that the Historical Society plan and work with the County and City Planning Commissions concerning the suggestions. The motion was 96 1 • {. • seconded by Director Noland and the recorded vdte of the Board was: "Ayes": Hughes, Orton, Collier, Lancaster, Todd, Noland "Nays": None Abstain: Purdy The motion was declared passed. Director Purdy had questioned the effect improper street designa- ations would have upon the ordinance to amend the Master Street Plan. The City Attorney advised that the amendments could be adopted as shown on the map attached to the ordinance with any changes in street designa- tions to be made later. City Manager Grimes explained that the amend- ments were being proposed to qualify Fayetteville for any funds that might be available to finance future improvements to Highway 265. Director Noland, 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": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Director Todd, 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": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2191 APPEARS ON PAGE 62 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R75 -26/H. L. Mathias, petitioner The appeal concerned a rezoning petition for a .32 acre tract of land located on the west side of South Block, north of Archibald Yell Avenue, which requested that the parcel be rezoned from R-0 Residential Office to C-2 Thoroughfare Commercial or C-3 Central Business District. The City Attorney informed the Board that the petitioner's legal counsel had, by written correspondence, requested that the appeal be tabled until next meeting. Director Purdy, seconded by Director Noland, moved that the appeal be tabled until the next meeting. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the appeal tabled. ORDINANCE ADOPTING ARKANSAS STATE CRIMINAL CODE The ordinance would adopt by reference the portions of the State Criminal Code dealing with misdemeanors and violations of the Code. The City Attorney informed the Board that adoption of the new code was a formality. He then read the ordinance the first time after which Director 97 97 97.1 97.2 97.3 97.4 97.5 97.6 97.7 Collier moved that rules be suspended and the ordinance placed on second reading. The motion was seconded by Lancaster. The recorded vote was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the second time. 98.1 Director Collier, seconded by Director Hughes, 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": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the third and final time. 98.2 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2192 APPEARS ON PAGE 63 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE PROHIBITING PUBLIC DRINKING 98.3 The ordinance would amend the City Code by prohibiting the consump- tion of intoxicating beverages in public places. The City Attorney ex- plained that the ordinance had been drafted at the request of the City Manager's office due to the fact that the State Criminal Code had deleted reference to public drinking. The City Attorney requested that the ordi- nance be tabled as he had learned that the General Assembly had recently adopted a public drinking law which awaits signature by the Governor. He said he would like opportunity to review the state law before adoption of any city ordinance which might conflict. 98.4 Director Hughes, seconded by Director Collier, moved that the ordi- nance be tabled. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The Mayor declared the motion passed and the ordinance tabled. ORDINANCE PROHIBITING OBSTRUCTION OF VISIBILITY AT INTERSECTIONS 98.5 The proposed ordinance would prohibit the obstruction of traffic visi- bility at intersections in non-residential zoning districts. The City Attorney advised that the zoning ordinance contained traffic visibility provisions for residentially zoned property but not for non-residential classifications. He read the ordinance the first time. 98.6 During discussion, City Attorney McCord noted that C-4 districts would be excluded from provisions of the ordinance since C-4 did not re- quire setbacks. He also pointed out that the ordinance could apply to some buildings located in a C-3 district. 98.7 Mayor Orton and Director Collier did not feel the ordinance should except any zone classification if the intent of the ordinance were to re- main intact. City Manager Grimes expressed his content with the ordinance as drafted, stating that he did not think it would create any problems. 98 99 Director Hughes, seconded by Director Todd, moved that rules be sus- 99.1 pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "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 99.2 suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the third and tit final time. C4 Following slight further comment, the Mayor asked if the ordinance 99.3 Q should pass. The recorded roll call vote of the Board was: "Ayes": Hughes, Purdy, Lancaster, Todd, Noland `'ate "Nays": Orton, Collier The Mayor declared the ordinance passed. ORDINANCE NO. 2193 APPEARS ON PAGE 64 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ACCEPTING RIGHT-OF-WAY The City Attorney read an ordinance accepting and confirming dedica- tion of street right-of-way by Kenneth W. and Irene Lazenby. Director Collier, 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": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Director Todd, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of theBoard was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "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 voteof the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2194 APPEARS ON PAGE 65 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ACCEPTING RIGHT-OF-WAY The City Attorney read an ordinance accepting and confirming dedica- tion of street right-of-way by Loris L. and Peggy Stanton and Claude A. and Mary Hughes. Director Collier, seconded by Director Noland, moved that rules be suspended and the ordinance placed on second reading. The re- corded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None 99 99.4 99.5 99.6 99.7 100 The motion was declared passed and the ordinance was read the second time. 100.1 Director Collier, seconded by Director Todd, 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": Hughes, Orton, Purdy, Collier, Lancaster, Todd, No nd "Nays": None The motion was declared passed and the o•dinance was read the third and final time. 100.2 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None Abstain: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2195 APPEARS ON PAGE 66 OF ORDINANCE & RESOLUTION BOOK V • RESOLUTION AUTHORIZING EXECUTION OF LEASE - Scheduled Skyways 100.3 The resolution, read by the City Attorney, would authorize the Mayor and City Clerk to execute a lease agreement with Scheduled Skyways for use of Drake Field facilities. Representing Skyways was Mr. Jim Gallman and Mr. Paul Jones. 100.4 Mr. Gallman requested that paragraph nine of the lease be amended to read: "Lessee hereby agrees to pay for any necessary interior repairs to the hangar...Lessor hereby agrees to pay for any necessary exterior and structural repairs..." He stated that changes and typographical corrections appearing in the final lease were acceptable. ' 100.5 In reply to question from the Board, Mr. Gallman explained the intent of paragraph six as being to assure that Scheduled Skyways would be able to continue operations if the hangar were partially or totally destroyed and would provide for an equitable determination of the lessee's rental payment obligations** Director Noland suggested an amendment to paragraph six to cause it to read: "...such building shall be repaired or replaced..." 100.6 Mr. Gallman stated that he considered floors to be part of the interior and that repairs and maintenance of the floors would be the res- ponsibility of the lessee. In regard to liability insurance, Mr. Gallman and Mr. Jones stated that the lessee would carry hangar keeper's liability insurance and name the City of Fayetteville as an "also insured". 100.7 Discussion completed, Director Purdy, seconded by Director Noland, moved that the lease be amended to include amendments to paragraphs nine and six and the addition of a clause assuring that the lessee would carry proper liability insurance naming the City as an also insured. The recorded roll call voteof the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. 100.8 There being no further discussion, Director Collier, seconded by Director Lancaster, moved that the resolution be adopted. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The resolution was declared adopted. RESOLUTION NO. 8-76 APPEARS ON PAGE 38 OF ORDINANCE & RESOLUTION BOOK V ** Mr• Gallman explained that the rent due after destruction of the hangar would cover all Skyways operations at the airport except usage of the hangar. ORDINANCE INCREASING PERMIT FEES • 101 The proposed ordinance would increase fees charged for building, sign, 101.1 moving and demolition permits, and for plumbing and electrical inspections. Director Hughes moved to table, until next meeting, consideration 101.2 of the ordinance pending further study which might result in a less complicated alternative. He also stated he would like to have an opportunity to in- vestigate cost figures so as to justify an increase. Director Todd also felt there might be room for another alternative but did not feel the City should provide a "free" inspection service. The motion was seconded by Director Collier and the recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Noland "Nays": Todd .1 The motion was declared passed and the ordinance tabled. t+ During further discussion, Board members expressed the need to charge 101.3 permit fees that would offset costs of inspections but that the fee should not be so low as to put the City at a disadvantage nor so high as to be 00 profitable. OTHER BUSINESS SPECIAL CENSUS City Manager Grimes reported that the U of A Spring enrollment was down. He said he had contacted the Census Bureau and was informed it would take four months of preliminary work before a special census could be under- taken and that the actual census would require two months of field work. Therefore, he said he had given notice to the Bureau to anticipate a special census for Fayetteville in the Fall of 1976 and that he would contact them again in May. ANNEXATION - City of Farmington The City Manager stated that a meeting had been held attended by him- self, Mayor Orton, City -Attorney Jim McCord, and Farmington Mayor Bobby Carlisle to discuss the proposed annexation to the City of Farmington which involved a portion of Fayetteville's West Growth Area. Mr. Grimes reported that it was proposed for Fayetteville to drop a portion of its Growth Area to the west. Farmington, he said was not interested in ex- tending its limits north of Highway 16 West and that he would propose that Farmington not extend its limits north of that highway. Mr. Grimes stated that he favored giving Farmington the room to expand. The City Attorney explained that a city's designation of a growth area did not prohibit annexation of that area to another city nor did it prohibit thepetition by residents of the area for annexation to another municipality. The Board took no action on the matter. RECOMMENDATION OF NOMINATING COMMITTEE Director Todd reported the recommendation of the Nominating Committee concerning an upcoming vacancy on the Housing Appeal Board. Since the Board had been inactive for some time, the Nominating Committee recommended that the vacancy not be filled at this time. Further, that if the need for the third member of that body became evident, that the Nominating Committee be authorized to make a temporary appointment. Director Todd 101 101.4 101.5 101.6 101.7 102 stated that the Committee had discussed the possible merger of the Housing Appeal Board with the Board of Construction Appeal or the elimination of the Housing Appeal Board. 102.1 Director Purdy, seconded by Collier, moved that the appointment not be made at this time and, if necessary, the Nominating Committee be authorized to make a temporary appointment to the Housing Appeal Board. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. ADJOURNMENT 102.2 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: APPROVED: 24„„:7711) C1 GCC>C y Marion R. Ortn, Mayor Darlene Westbrook, City Clerk 102