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HomeMy WebLinkAbout1976-05-04 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS May 4, 1976 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on May 4, 1976, at 7:30 p.m. in the Director's Room of the City Administration Building. PRESENT: City Manager Donald Grimes; 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. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 160.1 The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amend- ments to the minutes of the April 20, 1976 meeting. 160.2 DirectorTodd and Mayor Orton requested an addition to paragraph 156.1 to read: "Mr. Hunt stated that the City could have full ownership rights to the flag design. Contest entries would be invited from the general public as well as the local public schools." Mayor Orton also requested an addition to paragraph 159.4 to cause it to read: "...sponsored by Arkansas chapters of the Society of Professional Journalists, Sigma Delta Chi." 160.3 These amendments meeting with Board approval, the Mayor declared the minutes approved as amended. ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT - Old Farmington Road/76-1 160.4 Left on first reading at the April 20 meeting, the ordinance would establish street improvement district 76-1 for improvements to Old Farming- ton Road. The petition requesting the formation of the district was subject to public hearing at the April 20 Board meeting at which time there were no comments neither in favor of nor opposition to the petition. 160.5 The City Attorney read the ordinance the second time after which Director Hughes, seconded by Director Purdy, moved to suspend rules and place the ordi- nance 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 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. 2218 APPEARS ON PAGE 95 OF ORDINANCE & RESOLUTION BOOK V 160 ORDINANCE PRESCRIBING OFFENSE OF CARELESS DRIVING The ordinance, left on first reading at the April 20, 1976 Board meet- ing, would prescribe the offense of careless driving. The City Attorney read the ordinance the second time. Director Collier, seconded by Director Todd, moved rules be 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 wasdeclared 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": Hughes, Orton, Purdy, Collier, Lancaster, Tadd, Noland CQ "Nays": None d' The Mayor declared the ordinance passed. "7Z ORDINANCE NO. 2219 APPEARS ON PAGE 96 OF ORDINANCE & RESOLUTION BOOK V On ORDINANCE PRESCRIBING OFFENSE OF UNLAWFUL FLIGHT The ordinance, tabled at the April 20, 1976 meeting, would prescribe the offense of unlawful flight from an officer. The City Attorney read the ordinance the first time after which Director Collier,seconded by Director Hughes, moved to suspend rules and place the ordinance 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 Collier, moved to further sus- pend rules and place the ordinance 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. Director Lancaster questioned the clarity of Section 1(0). The City Attorney agreed that the section was vague and recommended the ordinance be left on third reading to allow him to clarify the section. The recommenda- tion was accepted by the Board and the ordinance was left on third reading. ORDINANCE REZONING PROPERTY - R76-11/Villa.Mobile Home Park The ordinance, read the first time by the City Attorney, would rezone a 20.88 acre tract of land currently occupied by the Villa Mobile Home Park from A-1 Agricultural to R-2 Medium Density Residential as requested by petitioner Jim Ogden. Director Hughes, seconded by Director Collier, moved 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. 161 161 161.1 161.2 161.3 161.4 161.5 161.6 [162 162.1 Director Collier, seconded by Director Hughes, moved to further sus- pend rules and place the ordinance 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. 162.2 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. 2220 APPEARS ON PAGE 97 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R76-13/Jewell & Freda Reddell 162.3 The ordinance would rezone a 2.2 acre tract located on the north side of Highway 16 East, one-half mile east of Stonebridge Road from A-1 Agri- cultural to R-1 Low Density Residential. The City Attorney read the ordi- nance the first time. 162.4 Director Hughes, seconded by Director Lancaster, moved 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. 162.5 Director Hughes, seconded by Director Collier, moved 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. 162.6 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. 2221 APPEARS ON PAGE 98 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R76-6/Clyde F. Needham, petitioner 162.7 The appeal concerned rezoning petition R76-6 which requested rezoning of a .42 acre tract of land located on the east side of South University Avenue and west of South Gregg Avenue from I-1 Heavy Commercial/Light Industrial to R-3 High Density Residential. The ordinance to rezone the property as requested was read the first time by the City Attorney. 162.8 The petitioner was represented by Mr. David Strauss who informed the Board of the petitioner's proposed development plan for the parcel. Mr. Strauss stated that the petitioner had thought the entire parcel of property 162 %• S3 1 upon which he planned to locate an apartment complex had been rezoned under a previous petition but learned later that if -had not. He stated the rezoning would be necessary to allow the development and felt that the development of an apartment complex would be in keeping with the neighborhood's trend of apartment dwellings. Following slight discussion, Director Hughes, seconded by Director 163.1 Noland, moved 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 Lancaster, moved rules be further 163.2 suspended and the ordinance placed on third and final reading. The recorded r,q 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 nor opposition to the rezoning expressed,163.3 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 ordinance was declared passed. ORDINANCE NO. 2222 APPEARS ON PAGE 99 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R76-15/Bryce Davis, petitioner The ordinance, read the first time by the City Attorney, would rezone a 163.4 20 acre tract located on the north side of Highway 16 West, west of Highway 71, from A-1 Agricultural to R-2 Medium Density Residential as requested in the petition. Director Hughes, seconded by Director Collier, moved rules be suspended 163.5 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 Lancaster, seconded by Director Noland, moved to further sus- pend rules and place the ordinance 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. D r n discussion, Mayor Qrton commented whether the City wanted to start 163.7 s.o deep a:.str-zoning in h are because of drainage -problems and lack of ren areas- $irecctor till area diad noteel tha R-2 would be a contrary use since u-ili y services were available as well as access to the 71 Bypass. Mr. Davis was present in the audience to answer questions from the Board and briefly discussed drainage accommodations of the property.and plans for parks in the area. 163.6 163 164.1 Following 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 ordinance was declared passed. ORDINANCE NO. 2223 APPEARS ON PAGE 100 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING ORDINANCE 2202 - Large Scale Development Street Dedications 164.2 The ordinance would require Board approval of lesser street right-of-way dedications for large scale developments which would be less than indicated by the Master Street Plan. The City Attorney read the ordinance the first time after which Director Noland, seconded by Director Hughes, moved 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. 164.3 Director Todd, seconded by Director Collier, moved 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 164.4 Following slight 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. 2224 APPEARS ON PAGE 101 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CONDEMNATIONS - College Avenue Intersections Improvements 164.5 The resolution would authorize initiation of condemnation proceedings for the acquisition of right-of-way for installation of left -turn lanes at intersections of College Avenue with Maple, Lafayette, and Dickson streets. The City Attorney read the resolution which was moved for adop- tion by Director Noland. The motion was seconded by Director Collier. 164.6 Director Todd was concerned that the City might be forced to purchase a business on the southeast corner of the Maple/College intersection. The City Manager informed that the parcel had been appraised at a very low figure and that funds for the purchase, if necessary, had been budgeted. 164.7 Following discussion, the Mayor asked if the resolution should pass. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The resolution was declared passed. RESOLUTION NO. 21-76 APPEARS ON PAGE 52 OF ORDINANCE & RESOLUTION BOOK V 164 1 ORDINANCE AMENDING ORDINANCE 2171 - Alcoholic Beverage Permits The ordinance, as explained by the City Attorney, would amend ordinance 2171 by deleting the requirement that retail beer dealers file with the City Clerk an annual summary of gross sales of beer which has been certified by a Certified Public Accounting firm. In lieu of the CPA certificate, this ordinance would require the retailer to file an affadavit signed by himself showing the gross revenues from the sale of beer and light wine. McCord ex- plained that the requirement of the certificate had been an attempt by the City to obtain the most accurate report of dealer's retail sales for permit purposes but that the City would retain the right to examine the retailer's records to determine whether figures reported by them were accurate. He 1.0 said many dealers had complained that the requirement of a certificate would be an added expense to them, possibly more expensive than the license itself. Director Todd felt it would be worthwhile for the ordinance to provide 165.2 for penalty charges if a retailer had secured a license for a fee less than IDGC required. Director Purdy, seconded by Director Todd, moved the ordinance be amended to specify that whenever a retail dealer has secured a permit for an amount less than that which should have been paid, he shall require the pay- ment of the difference plus a penalty in an amount equivalent to 100% of the difference. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. The City Attorney then read the ordinance the first time. Director Hughes, seconded by Director Collier, moved rules be suspended and the ordi- nance 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 read the second time. Director Collier, seconded by Director Hughes, moved 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. During further discussion, Director Todd moved that Section 4 of the 165.5 ordinance be amended to read: "Whenever the City Clerk has ascertained..." The motion was seconded by Director Purdy. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. Discussion completed, the Mayor asked if the ordinance should pass as 165.6 amended. 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 as amended. 165 165.1 165.3 165.4 I ORDINANCE NO. 2225 APPEARS ON PAGE 102 OF ORDINANCE & RESOLUTION BOOK V 165 166, WEST BERRY STREET EXTENSION 166.1 Mr. Ken Lazenby had requested the Board consider the extension of West Berry Street and that it be paved in the same manner as the portion of the street that is currently paved. Mr. Lazenby informed the Board that his application for a building permit for one of three lots he owns adjacent to the unextended portion, had been rejected because the lots would not have frontage on an improved, public street. 166.2 Mr. Lazenby pointed out that the street was a dedicated public street, maintained by the City. He said the City had resurfaced the paved portion and had placed gravel on a portion of the unextended section. He stated that his lots would become useless if the street were not extended but that he could not economically finance the extension himself. He also cited the fact that two building permits had been issued for two other lots located on the unextended portion after adoption of the applicable ordinance which was cited in rejection of his building permit application. 166.3 In comments to the Board, the City Manager stated he would like the Board to consider the possibility of lessening street design standards in cases where the subdivision developer had neither constructed nor paved the entire street. In regard to the two permits cited by Mr. Lazenby, Grimes pointed out that one of the permits was for a structure to front an exist- ing gravel street. 166.4 Mr. Jim Beard, 1941 West Berry Street, stated that the City had placed gravel on the unextended portion only at his persistent requests. He stated that he did not wish the street to be extended. 166.5 Mr. Purdy cited a recent request by residents whose similar request was denied and was relunctant to approve lesser standards for West Berry Street. At completion of discussion, the City Manager had suggested that Mr. Lazenby obtain cost estimates to improve the unextended portion to conform with the existing paved portion to allow service to the lots. He asked Mr. Lazenby to return to the City Manager with the information for further consideration. ORDINANCE ABANDONING EASEMENT - Oakland Hills Addition 166.6 The ordinance, read by the City Attorney, would abandon a ten -foot utility easement along the south side of Lot 4, Block 1, of Oakland Hills addition less and except the eastern most ten feet. 166.7 Director Collier, seconded by Director Todd, moved 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. 166.8 Director Collier, seconded by Director Todd, moved to further suspend rules and place the ordinance 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. 166 v h QV There being no discussion, the Mayor asked'if The recorded roll call vote of the Board was:' "Ayes": Hughes Orton, Purdy, Collier, Lancaster, "Nays": None The Mayor declared the ordinance passed. 167 the ordinance should pass. 167.1 Todd, Noland ORDINANCE NO. 2226 APPEARS ON PAGE 103 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS Director Todd, Chairman of the Board Nominating Committee, recommended the combining of the Housing Appeal and Board of Construction Appeal committees. Following discussion, Director Todd, seconded by Director Hughes, moved that the two committees be merged. The recorded roll call vote of the Board was: "Ayes": Hughes, Orton, Purdy, Collier, Lancaster, Todd, Noland "Nays": None The motion was declared passed. To promote advanced planning of the 1977 Community Development program, Director Todd moved that the terms of the CD and Housing Assistance committee members be changed to an anniversary date of July 1. The motion was seconded by Director Purdy and 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 There being no further business for the Board's consideration, and upon motion of Director Hughes, the Mayor declared the meeting adjourned. ATTEST: DP-tAet.,t) I / 1 Darlene Westbrook, City Clerk APPROVED: Q//�fip72. Marion R. Orton, Mayor 167 167.2 167.3 167.4