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HomeMy WebLinkAbout1976-04-20 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 20, 1976 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on April 20, 1976, at 7:30 p..m., in the Directors Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, John Todd, Russell Purdy, and Morris Collier. N ABSENT: Directors Ernest Lancaster, Paul Noland, Al Hughes OTHERS PRESENT: Members of SEFCO, representatives of the news media, and members of the audience. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Marion Orton called the meeting to order. Following a brief moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the April 6, 1976 meeting. Mayor Orton requested amendment to paragraph 149.4 to cause the first sentence to read: "...that the property owners..." Director Todd requested amendment to paragraph 150.3 to cause it to read: "Director Todd felt the CD Committee and the Board could make more well-informed decisions of this nature if, prior to their meetings, the Directors and CD Committee members were supplied with information concerning engineering, cost problems, and the owner/tenant/resident mix." These amendments meeting Board approval, the Mayor declared the minutes approved as amended. COMMUNITY DEVELOPMENT 1976 PROGRAM REVISION 11 ut 153.1 153.2 153.3 Mr. Lynn Wade, Chairman of the CD Committee, commented that the CD 153.4 Committee was concerned about criteria and the committee's organization. He said they felt a need for more information and for subcommittees which would request input from various agencies in the planning process so as to avoid numerous changes in the program once it had been approved. The committee also felt, he reported, that it should begin the planning process earlier in the year. He agreed with Director Todd that terms of the committee members might be accelerated from the October 1 appointment date to an appoint- ment date of July 1. CD Administrator Charles Hoffman then explained the revisions to the 1976 153.5 program which had been recommended by the CD Committee. He noted that several social service items had been deleted because of recent HUD declarations of ineligibility of the programs. He reported that funds allocated for the deleted social service projects were recommended to be reallocated to sidewalk projects and to absorb street construction cost overruns for Stone Street. The committee also recommended the deletion of the Fallin Avenue paving project 153 with reallocation of the funds to sidewalk projects, the West Avenue and remaining portion of the Stone Street project, and the balancing out of costs of the Dorothy Jean project. Hoffman said this recommendation, titled Option III, was recommended upon the predication that social services would remain ineligible items. If social services items do not remain ineligible, he said another option, Option IV, was recommended for implementation. 154.1 Following slight discussion, Director Collier, seconded by Director Purdy, moved that Option III be approved as recommended. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. OCCUPATION TAX AND BUSINESS LICENSE ORDINANCE 154.2 The proposed ordinance, having received final review and approval of the Citizen's Task Force, was before the Board for approval of form. City Attorney McCord explained that recommendations of the Task Force had been incorporated into the ordinance. 154.3 Upon recommendations made by the City Manager, Director Purdy moved that Section 7 of the ordinance be completed to provide a 20% penalty for taxes not paid within 30 days after due date, 40% after 60 days, and 60% after 90 days. Director Collier seconded the motion. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. 154.4 Directors Todd and Purdy felt Section 3 should be reworded to provide ease in verification of number of employees. Upon suggestion by Director Todd, the Board concurred to amend the wording to cause it to read: "...the average number of employees employed in the preceding quarter..." 154.5 Director Purdy, seconded by Director Todd, moved that the form of the proposed ordinance, as changed, be approved. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. RESOLUTION REFERRING PROPOSED OCCUPATION TAX TO REFERENDUM 154.6 The City Attorney read a resolution to refer proposed ordinances im- posing a local occupation tax and increasing local utility franchise taxes to a vote of the people. 154.7 Noting that a portion of the proposed 4% franchise tax would not be passed on to the consumer, Director Todd suggested amendment to Section 2 to cause it to read: "These additional franchise taxes would be passed on by utility companies to their consumers." He also suggested that the same section be amended to read: "...that the franchise tax levied against Southwestern Bell Telephone Company be increased from $37,500 to $75,000 for the year 1976 and to a minimum of $100,000 per annum thereafter." Director Purdy, seconded by Director Todd, moved the resolution be amended as suggested 154 155 by Todd. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "'Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. Director Collier, seconded by Director Purdy, then moved adoption of 155.1 the resolution. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The resolution was declared passed. RESOLUTION NO. 20-76 APPEARS ON PAGE 50-51 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - 3322 North College/Wyatt's Cafeteria Petitioner in the sign appeal was D -Sign, Inc., represented by Mr. Don 155.2 Offenbacker. Mr. Offenbacker explained that a variance was requested to permit the installation of an additional free-standing sign for Wyatt's Cafeteria. City ordinance prohibited more than one free-standing sign at a single location. Mr. Offenbacker said the proposed sign would comply with the ordinance every way except that it would exceed the ordinance limitations as to the number of free-standing signs allowed at one location. The existing sign is not located near the street, he reported. Spokesmen for the Building Inspection Department noted that, while the existing sign was located on the roof of the cafeteria, it was considered to be a free standing sign. Director Todd did not feel a hardship existed and that the variance 155.3 would not be justifiable. He therefore moved to deny the variance request. The motion was seconded by Director Purdy and the recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Todd "Nays": Collier '! Absent: Lancaster, Noland, Hughes The motion was declared passed and the variance denied. ORDINANCE PRESCRIBING OFFENSE OF CARELESS DRIVING The City Attorney explained that the ordinancehad been requested by the 155.4 Chief of Police since neither state statute nor local ordinance specifically prohibited careless driving of vehicles. He read the ordinance the first time. There not being a two-thirds majority of all Board members present required 155.51 to advance readings of the ordinance, Director Collier, seconded by Director Todd, moved to table the ordinance as well as Agenda Item 7 (Ordinance pre- scribing the offense of unlawful flight). The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed and the ordinance was left on first reading. CITY FLAG CONTEST - Boy Scout Troop 142 Boy Scout Toop 142 had requested authority from the Board to conduct a 155.6 contest for the design and selection of an official city flag. Scoutmaster 155 Barney Hunt was present to explain the contest, stating that the contest would result in the presentation of a Bicentennial Award to the winning entry. He said the contest would be limited to residents of the City and that entries would be invited from local public schoolsand the general public. 156.1 Assistant Scoutmaster Dewey McGarrah explained that the theme of the contest would be to design a flag which would depict the history and resources of Fayetteville. The University of Arkansas Department of Home Economics had agreed to fashion and embroider the flag for presentation to ;Is City, he said.Mr. Hunt said the City would have full ownership rights to the 156.2 g'Following slight further discussion, Director Todd, seconded by Director Collier, moved that the contest be approved. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. RECOMMENDATION OF PARKS AND RECREATION ADVISORY BOARD 156.3 Parks and Recreation Superintendent Dale Clark explained the recommenda- tion of the Parks and Recreation Advisory Board that funds reserved as matching funds for a Bureau of Outdoor Recreation grant be utilized to con- struct a softball field at Asbell School and to install lighting at an exist- ing softball field at Lake Fayetteville. He said the goal of the parks and recrea- tion program:is to provide recreation for all segments of the community and felt that the recommended use of the funds would best serve that goal. 156.4 Mayor Orton explained that a recent application for additional BOR funds had been rejected in favor of allocating BOR funds to communities having little or no recreational facilities. She said the application could be resubmitted in the future for reconsideration. 156.5 Director Collier reported that he had been contacted by the Chairman of the Housing AssistanceCommittee who was concerned that the reallocation of the funds should be considered for approval by the CD Committee, and, that the intent of the law would not be fulfilled if the recommendation were accepted. In response, CD Administrator Charles Hoffman reported that the items mentioned by Clark had been specifically itemized as optional items at the time the CD program was considered and that the expenditure of CD funds for recreational facilities was specifically provided for by law. He said recreational projects funded by CD would benefit low and moderate income families even though the location of facilities in low or moderate income areas was not always possible. 156.6 Following slight further discussion, Director Todd, seconded by Director Purdy, moved the recommendation be approved. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. ACTION TO TABLE AGENDA ITEMS - Rezoning 156.7 Because the petitioner in rezoning appeal because two-thirds of the entire Board was not ordinances, Director Purdy moved the appeal be 156 R76-6, R76-11, R76-13 R76-6 was not present, and present to act on proposed tabled as well as proposed 1 rezonings R76-11 and R76-13. The motion was seconded by Director Todd. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. PUBLIC HEARING - Street Improvement District 76-1/Old Farmington Road Petition had been filed requesting the Board to establish Street Improve- 157.1 ment District 76-1 for improvements to Old Farmington Road from the east right-of-way line of Sang Avenue to the west line of property described in ut the petition. The petition, signed by Norwood Sines and Harry Vandergriff (for Fayetteville School District No. 1), recommended the appointment of Norwood Sines, Feriba McNair,and John Lewis as commissioners. G The City Attorney advised that signatory of the petition represented 157.2 a majority in assessed value of property named in the petition. When asked CO why Wal Mart, Inc. had not signed the petition, the City Manager explained that it had been possible to expedite the petition without the signature but that Wal Mart Properties had agreed to support formation of the improvement district at the time their large scale development was approved in October, 1974. Mr. Ervan Wimberly was present in the audience and reminded the Board 157.3 that Wal Mart would not pave the roadway to the east of the proposed develop- ment until the eastern phase of the development had been completed. Mayor Orton opened the public hearing, and there being no comments 157.4 made either in opposition or in favor of the petition, the Mayor declared the hearing closed. The City Attorney then read the ordinance the first time. There being a lack of two-thirds of Board members present required to advance the ordinance to further readings, the ordinance was left on first reading. REQUEST FOR TRAFFIC LIGHT - Huntsville/Willow Streets SEFCO and ACORN had requested a traffic signal be placed at the inter- 157.5 section of Huntsville Road and South Willow Avenue. The request had been considered at the March 23 Board meeting and tabled. Mrs. Virginia Ricks stated the group's recommendation that yellow 157.6 flashing lights with a 15 mile per hour speed limit sign attached be in- stalled and that the Chief of Police be instructed to increase the frequency of patrolling of the intersection. They also requested that city dump trucks be prohibited from using the Willow Street thoroughfare as a short-cut. Director Todd stated the Board was aware of the hazards of the area and 157.7 believed that the intersection should be re-evaluated. The Mayor stated the Board's policy that neighborhoods requesting such signalization share in the costs of the installations and that this request would not represent an exception to the policy. Emphasizing that the General Fund could not bear the cost of the installa- 157.8 tion, the Board encouraged the group to seek funds from the CD program if the funds could not be raised from within the neighborhood. Director Todd moved that the Board approve the request for permission to 157.9 locate two flashing beacons and speed limit signs to operate during school crossing hours near the Huntsville and Willow intersection, and that the City Manager conduct an evaluation of the intersection and recommend to the Board ways in which to improve traffic and pedestrian safety. A second to the motion was made by Director Collier but was subsequently withdrawn when 157 58 Todd amended his original motion to provide that the installation would be approved if funds could be obtained from sources other than the City General Fund. 158.1 Following further discussion, Todd moved that the Board approve the request to locate two flashing beacons and speed limit signs provided ade- quate funds could be found by the neighborhood group, and, that the City Manager conduct an evaluation of the intersection and recommend to the Board ways in which to improve traffic and pedestrian safety. The motion was seconded by Director Collier. The recorded roll call vote of the Board was: "Ayes": Orton, Collier, Todd "Nays": Purdy Absent: Lancaster, Noland, Hughes The motion was declared passed. BID AWARD - Highway 16 East Sewer Connections and Sewer Line Extension 158.2 Purchasing Officer Sturman Mackey recommended award of the bid for sewer connections be awarded to Johnson Plumbing and Heating Company and that the bid for sewer line extension be awarded to Jerry Sweetser Company. Mackey stated that funds for the work are budgeted in the 1975 Community Development Program. 158.3 Director Todd, seconded by Director Purdy, moved the recommendation be accepted. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. INTANGIBLE PROPERTY TAXES 158.4 Mrs. Roberta Carr, representing ACORN, presented a prepared statement requesting that the Board consider adoption of a resolution encouraging the Washington County Collector, County Assessor, and County Clerk to accomplish the listing an the tax rolls of unassessed intangible property, including (but not limited to) the unassessed intangible property owned by financial institutions."Such an action would undoubtedly..(produce)a legal test of the central issues involved. ACORN feels that clarifying this issue is in the best interest of the citizens of Fayetteville and of Arkansas," said Mrs. Carr. The group asked that the matter be placed upon the next agenda for discussion by the Board. 158.5 Mayor Orton questioned whether a Board of Directors meeting was the proper forum for such an issue. The City Manager felt the issue was one in which the Board should not involve itself. Director Todd stated that he had reservations about the city government being involved as a body and that he felt it would be premature for the Board to involve itself at this stage. Director Purdy did not feel the issue should be considered at future Board meetings. 158.6 Steve Anderson, present in the audience, felt the issue indeed should involve the city government since a portion of the taxes derived from intangible property would be distributed to the City. 158.7 The Board took no action on the matter. 158 1 APPLICATION FOR RETAIL WINE PERMIT - Pizza Inn • City Manager Grimes reported that Pizza Inn, 1821 Green Acres Road, had applied for a retail wine permit. He stated that the Fayetteville Public School had asked if the Board would like to join them in their oppo- sition to the application on the basis that the location was too near school property. He reminded the Board that the City had joined the school in opposition to a retail beer permit for the same location. During brief discussion, Director Todd felt that the action would be an exercise in futility. City Manager Grimes felt that, in view of plans for introduction of legislation to clarify state statutes dealing with the measurement of minimum distances from church and schools within which ►t; liquor outlets may be located, it might be beneficial for the City to 5'1 make a record of opposing the permit. Tai" Director Purdy, seconded by Director Todd, moved that the City join 159.3 Cti in the permit opposition. The recorded roll call vote was: ao "Ayes": Orton, Purdy, Collier, Todd "Nays": None Absent: Lancaster, Noland, Hughes The motion was declared passed. FREEDOM OF INFORMATION ADVOCATE AWARD Ms. Brenda Blagg read a Freedom of Information Advocate Award recently awarded the City as first runner-up in statewide competition Ap?FpcRil by Arkansas chapters of the Society of Professional Journalists, Sigma he award was presented the City in recognition of its open govenrment policies. Nomination for the award had been made by the SPRINGDALE NEWS. ADJOURNMENT There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. 1 9 159.1 159.2 • ATTEST: APPROVED: Marion R. Orton, Mayor Darlene Westbrook, City Clerk 159 159.4 159.5