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HomeMy WebLinkAbout1976-07-20 Minutes215 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS July 20, 1976 The Board of Directors mfthe City of Fayetteville, Arkansas, met in a regular session on July 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, 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 The meeting was called to order by Mayor Marion Orton. Following a 215.1 brief moment of respectful silence the Mayor asked if there be any amend- ments to the minutes of the July 6, 1976 meeting. City Attorney Jim McCord requested paragraph 209.2 be amended to read: 215.2 ..priority to streets on which the houses are primarily owner -occupied." Director Todd requested paragraph 211 be amended to add: "The Board concurred with the Nominating Committee recommendation that current members of the Board of Construction Appeals be named as members of the Building Board of Adjust- ment and Appeals with terms expiring as originally designated for the Board of Construction Appeals." Also, Todd requested that paragraph 212 be amended to reflect that two newly -appointed Board of Adjustment members would have terms to expire January 1, 1980 and January 1, 1981. There being no further amendments, the Mayor declared the minutes approv- 215.3 ed as amended. APPROVAL OF CITY FLAG DESIGN Mr. Barney Hunt, Scoutmaster for Boy Scout Troop 142, presented the Board with the winning entry of a recent City flag design contest which was sponsored by Troop 142. Hunt said tft design was that of Mr. Michael Browning, a University of Arkansas architecture student. The Board discussed whether the flag should depict the date of the City's incorporation of the date of the City's first settlement. Mr. Hunt stated he would research the City's history and recommend an appropriate date at the next meeting. Director Purdy, seconded by Collier, moved the flag design be tentatively approved and that formal adoption of the flag be made at the next meeting. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. 215 215.4 2 I ORDINANCE REZONING PROPERTY - R76-24 / South Garland Avenue/ Eldon Corley, petitioner 216.1 The ordinance, read the first time by the City Attorney, would rezone a .91 acre tract located east of South Garland, north of Cato Springs Road, and south of Pettigrew Street, from I-1 Heavy Commercial and Light Industrial to R-1 Low Density Residential. 216.2 Director Purdy, seconded by Noland, moved rules be suspended and the ordi- nance placed on second reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the second time. 216.3 Director Collier, seconded by Director Purdy, moved rules be further sus- pended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the third and final time. 216.4 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2253 APPEARS ON PAGE /370F ORDINANCE & RESOLUTION BOOK V ORDINANCE APPROVING FINAL PLAT - Bishop Addition, Phase II 216.5 The City Attorney informed that the developer had executed a developer's contract for required improvements. He then read for the first time an ordi- nance approving the final plat of Bishop Addition, Phase II. 216.6 Director Collier, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the second time. 216.7 Director Todd, seconded by 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": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the third and final time. 216.8 Following slight discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2254 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK V 216 217 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPER CONTRACT - Bishop Addition, Phase II The City Attorney read a resolution to authorize the Mayor and City Clerk 217.1 to execute a developer's contract to guarantee improvements to Bishop Addition, Phase II. Director Collier, seconded by Hughes, moved the resolu- tion be adopted. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 30-76 APPEARS ON PAGE 6/ OF ORDINANCE & RESOLUTION BOOK V APPROVAL OF COMMUNITY DEVELOPMENT GRANT FUNDS TRANSFER - Caution Lights/ Huntsville Road & Willow Street Intersection The transfer of $800 of Community Development funds was requested to 217.2 provide funds for the installation of two flashing caution lights near the intersection of East Huntsville Road and South Willow Avenue. Installation of the devices had been previously approved by the Board pending availability of funds. During discussion, Director Hughes mentioned that the lights had been 217.3 tentatively approved by the Board upon the condition that the residents secure the necessary funds. Director Collier felt the Board would receive several more requests for caution lights near the locations of other schools and approval of this request would establish precedence for approval of future requests. Community Development Administrator Charles Hoffman explained that the 217.4 residents of the Willow Avenue area were not precluded from requesting CD funds for the lighting and, upon their request to the CD Committee, the Committee granted their request. He informed the Board that the funds were being transferred from funds allocated for Willow Avenue sidewalk projects and that the residents had expressed their approval of such a transfer with the understanding that the sidewalk project would be cutback to provide the $800 in funds for the caution lights. The City Manager stated that the cost of the project would not be shared by the school system. Director Todd did not believe that the utilization of CD funds for pedes- 217.5 trian safety would conflict with the purpose of the block grant program. He said he favored this particular request and would be inclined to favor future requests of a similar nature provided the requests could be justified. Director Lancaster, seconded Noland, moved the transfer of $800 of 217.6 Community Development funds be approved to provide funds for installation of the caution lights. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. APPROVAL OF COMMUNITY DEVELOPMENT FUNDS TRANSFER - Railroad Crossing Repairs A transfer of $7,872 in Community Development funds had been requested to finance improvements to railroad crossings on West Dickson Street. The transfer would supplement an existing $5,000 allocation. CD Administrator Charles Hoffman stated the additional funds were made available through admin- istrative cost savings during the first year of operation. 217 217.7 218 218.1 Director Todd, seconded by Purdy, moved the transfer be approved as recommended. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. RECOMMENDATION REGARDING WAIVER OF STREET DESIGN STANDARDS Florene Street, Dorothy Jeane Street, Giles Road 218.2 The City Manager recommended that the Board not waive street design and right-of-way requirements for CD street projects involving Florene Street, Dorothy Jeane Street, and Giles Road. He said that the dedica- tion of additional right-of-way would not impose a hardship on the property owners. Further, that a 50 foot street width would provide 5 feet on each side of the street for accommodation of utilities and would minimize street cuts. He recommended also that the projects not proceed until the necessary right-of-way had been obtained. 218.3 Director Purdy, seconded by Todd, moved that the streets be 40 foot wide with 5 feet of right-of-way on each side. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. ORDINANCE AMENDING SIGN ORDINANCE 218.4 The proposed ordinance, left on first reading at the July 6 Board meeting, would amend the Sign Ordinance in regard to projecting signs and wall signs. The City Attorney read the ordinance the second time. 218.5 During discussion, Director Todd expressed concern that, in regard to multiple tenant buildings, the City might be attempting to place res- ponsibilities upon landlords that the landlord might not want to discharge. He moved that Section 17B-11(1) be amended to clarify the display surface allowed each tenant; to delete a declaration of intent that each lessee be permitted to place a wall sign on the building wall facing the thorough- fare from which principal access to the building is obtained; and to in- corporate certain legal terminology recommended by the City Attorney. The motion was seconded by Director Noland. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. 218.6 Director Collier, seconded by Hughes, moved rules be suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "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": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2255 APPEARS ON PAGE /390F ORDINANCE & RESOLUTION BOOK V 218 STREET IMPROVEMENT DISTRICT - Hacienda Street The City Attorney advised that the petition to form the improvement district had not yet been filed. Therefore, the Board did not consider this item. SIGN VARIANCE APPEAL - 1224 North College / Dr. John Andre, petitioner The petitioner, Dr. John Andre, requested a variance from provisions of the Sign Ordinance to permit a 136 square foot, non -conforming joint identification sign. He said he wished to install a new sign in a space vacated by a former tenant but by doing so would cause the sign to exceed space limits of the Sign Ordinance. Director Collier, seconded by Hughes, moved the variance be granted. During discussion, Director Todd commented that ane method for implementing the amortization provision of the Sign Ordinance concerning non -conforming signs was through the requirement that signs be removed which no longer advertise a bona fide business. Andre stated that, in addition to three on-site signs at the location, each business in the shopping center had identification signs at their business entrance. Following discussion, the Mayor asked if the motion to grant the variance should pass. The recorded roll call vote was: "Ayes": Noland, Hughes, Collier "Nays": Todd, Orton, Purdy, Lancaster The motion was declared failed. SIGN VARIANCE APPEAL - 1130 Millsap Road / Arcade Real Estate, petitioner The petitioner, represented by Mr. Mike Watson, requested a variance in setback requirements to permit a free-standing sign to be located 16' 6" from street right-of-way rather than the required 40 feet. Mr. Watson stated the variance was requested to permit their sign to be placed an equal distance from the building and the street, away from the sidewalk and pedestrian traffic ways. He noted that, if placed next to the building, the sign could pose potential safety hazards to clients who would have to walk under the sign to enter the building. Also, that placement of the sign next to the building would detract from the building's appearance and would damage the building should it fall. He also noted that the sign would be visible from Highway 71, on -half block to the west, if it were allowed to be erected at the requested setback. Following discussion, Director Hughes, seconded by Collier, moved the variance be granted. The recorded vote was: "Ayes": Noland, Hughes, Collier, Lancaster "Nays": Todd, Orton, Purdy The motion was declared passed and the variance granted. ORDINANCE ADOPTING ARKANSAS STATE GAS CODE The City Attorney explained that the Arkansas State Gas Code and would licensing of plumbers and gas fitters. time. 219 91 9 219 1 219.2 219.3 219.4 219.5 219.6 the ordinance would adopt, by reference, 219.7 delete present requirements for local He then read the ordinance the first 20 220.1 Director Purdy, seconded by Collier, moved that Section 2(2) be amended to correct a numbering error. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. 220.2 Director Purdy, seconded by Collier, moved that Section 15-64(c) be amended to include a reference to property owners. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed 220.3 Director Hughes, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, "Nays": None The motion was declared passed 220.4 Director Noland, seconded and the ordinance placed on th call vote of the Board was: "Ayes": Todd, Noland, Hughes, "Nays": None The motion was declared passed and the oridnance was read the third and final time. 220.5 Director Todd, seconded by Noland, moved that Section 15-64(3) be amended to delete the work "licensed" from the third paragraph, and, that Section (15) be amended to exempt single family residences from installation of gas line tracer wires. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. The Mayor then asked if the ordinance as amended should pass. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance as amended passed. Orton, Purdy, Collier, Lancaster and the ordinance was read the second time. by Hughes, moved rules be further suspended ird and final reading. The recorded roll Orton, Purdy, Collier, Lancaster ORDINANCE NO. 2256 APPEARS ON PAGE /41 OF ORDINANCE & RESOLUTION BOOK V INDUSTRIAL PARK LAND SALE - Packaging Specialties Company 220.6 Packaging Specialties Company ofFayetteville had proposed to purchase 2.81 acres of Industrial Park land for $7,315. City Manager Grimes recommen- ded the sale be approved conditional upon the deed including a provision that the land would revert to the City should the purchaser not develop the land within a certain period of time to be determined by agreement of the purchaser and the City. 220.7 Director Hughes, seconded by Collier, moved the sale be approved and that the deed include a reverter clause as recommended by the City Manager. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. 220 921 ADOPTION OF 1976-77 WATER AND SEWER BUDGET Director Purdy stated that the Board Water and Sewer Committee, which 221.1 he chairs, had discussed the budget at length and that the Committee was con- tent with the preliminary budget being presented at this meeting. The City Manager pointed out minor changes and noted that corrected 221.2 final budgets would be distributed to the Board members. He said that anticipated costs for water purchases from the Beaver Water District were based upon possible unfavorable court rulings involving litigation between the water district and an electrical utility company. He also cited other cost factors considered in preparation of the budget including bond reserve requirements, sewerage system study requirements, and water line relocations as result of state highway construction. Director Todd and staff members briefly discussed the bond reserves fund 221.3 and projected income. Following discussion, the City Attorney read a resolution to adopt the 221.4 1976-77 Water and Sewer budget. Director Purdy, seconded by Lancaster, moved an adoption of the resolution. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 31-76 APPEARS ON PAGE 4Z OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ESTABLISHING SOUTHWESTERN BELL TELEPHONE FRANCHISE The ordinance would supercede previous franchise agreements and would 221.5 specify terms of the franchise fee payment to the City. Representing Southwestern Bell were its manager, George Holland and 221.6 li its legal counsel, Walter Niblock. They discussed at length with the Board how the company would institute the new franchise fee agreement. Holland noted that, as the number of telephones in the City increase, the company's tax obligation increases while the customer's tax obligation decreases. The Board questioned Holland as to what the company would do with surplus 221.7 revenues collected as franchise taxes. Mr. Holland replied. "If at the end of the year we come up with $110,000 (as opposed to the $100,000 fran- chise fee), it is my estimation we would give it back to the customers. I cannot foresee any windfall profit we would incur as a result of a special city tax. If it happens this year, I can assure you we will give you an audited statement indicating every cent collected and where it went. It is not the intent that the telephone company would benefit from it." Following discussion, the City Attorney read the ordinance the first 221.8 time. Director Collier, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the second time. Director Noland, seconded by Collier, moved rules be further suspended 221.9 and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the third and final time. 221 `� fJ LJ .;.J 222.1 Following slight further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2257 APPEARS ON PAGE /*70F ORDINANCE & RESOLUTION BOOK V AWARD OF BID - Bid 329/Concrete Construction 222.2 Purchasing Officer Sturman Mackey recommended award of the bid and one-year contract (August 1, 1976 through August 1, 1977) to Jerry Sweetser for concrete construction. Director Collier, seconded by Hughes, moved the bid be awarded as recommended. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. OTHER BUSINESS EASEMENT VACATED 222.3 The City Attorney advised that the easement was requested vacated to due to incorrect legal description and that a new easement would be executed upon abandonment of the easement. He then read an ordinance to vacate an easement granted to the City by Rhoda Mhoon and James and Wanda Shuler. 222.4 Director Hughes, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the second time. 222.5 Director Todd, seconded by Purdy, moved rules be further suspended and the ordinance placed on third reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed and the ordinance was read the third time. 222.6 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was. "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The Mayor declared the ordinance passed. ORDINANCE N0. 2258 APPEARS ON PAGE /499 OF ORDINANCE & RESOLUTION BOOK V POPLAR STREET DRAINAGE 222.7 Property owners of Woodland, Greenvalley, and Poplar streets had petitioned the Board to "exercise its regulatory power by requiring the Fayetteville Public Schools to effect necessary control of the on-site drainage at the school property located on the corner of Poplar Street and Woodland Avenue." The petitioners contended that the Fayetteville Public schools was in violation of Ordinance 2166, Section 2(c) which stipulates that the large scale develop- ment plan of that body was approved conditional upon the developer making pro- visions to alleviate the existing drainage problem on the premises. 222 1 993 The City Manager presented.a solution which had been proposed by 223.1 the school. As explained by Grimes, the proposal would include the con- struction of a drainage retention pond which would provide a means for slowing the rate of drainage. Grimes said he approved of the proposal which had been designed with the assistance of the Soil Conservation Service. Mr. Jim Wisman, 1923 Woodland, acting as spokesman for the residents, 223.2 did not believe the proposal would alleviate any problems for the neigh- borhood. He said the basic problem was that the city had not provided sotrm drainage facilities and that developments on the school property had aggravated a poor drainage situation. He related incidences in which area homes had been threatened and, at times, flooded by drainage water during heavy rain storms. Wisman believed the City should enforce provisions of Ordinance 2166 or take steps to satisfy the property owners' complaints 14 by installing storm drainage facilties. He requested that the petition stand and requested that the Board act positively on the problem. City Manager Grimes stated he would confer with school officials 223.3 about the possibility of sloping the northeast parking lot so that drainage m would flow towards the retention pond. AIRPORT IMPROVEMENTS With the passage by Congress of an Airport Development Aid Program, 223.4 the City Manager advised the Board that federal funds would be made available for improvements to airports. He listed several airport improvements which needed to be made at Drake Field. He requested that the Board approve his consulting McClelland Engineering for preparation of cost estimates for runway lighting systems, taxiway extensions and additions, and ramp extension. He said a proposed engineering contract would be presented at the next Board meeting. Director Hughes, seconded by Todd, moved that McClelland Engineering 223.5 be consulted to begin cost estimates and that an engineering contract be proposed for Board consideration at the next meeting. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier, Lancaster "Nays": None The motion was declared passed. PURCHASING Director Hughes requested an item be placed on the next Board agenda 223.6 concerning the maximum amount the City Manager is allowed to purchase with- out Board approval. He believed that the maximum amount of purchases of budgeted items should be raised in an effort to eliminate many of the purchases which have to be approved by the Board. OCCUPATION LICENSES Director Hughes requested that City occupation licenses be obtained by 223.7 builders securing building permits and that the license number be placed upon the building permit. ADJOURNMENT There being no further business for the Board's consideration, the Mayor 223.8 declared the meeting adjourned. 1 ATTEST6 W i arlene estbroo , City C er APPROVED: rf /A- Marion R. Orton, Mayor