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HomeMy WebLinkAbout1976-09-07 Minutes239 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 7, 1976 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on September 7, 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. Ilt IQ ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CO CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the August 17, 1976 meeting. Director Todd requested correction of paragraph 238.1 to correctly report his "nay" vote. Mayor Orton requested correction of paragraph 232.2 to correct- ly report the "nay" vote of Director Hughes and also requested paragraph 231.3 be amended to reflect that Director Collier serves as Chairman of the Board Police and Fire Committee. These changes meeting with Board approval, the minutes were declared approved as amended. REQUEST TO PROHIBIT SMOKING Mrs. Harriet Jansma had requested that the Board consider prohibiting smok- ing in the Directors' Room during all public meetings of city boards, commissions and agencies. Also present in the audience to support the request was Dr. Arthur Duell who offered scientific data substantiating claims that smoke is as harmful to non-smokers as it is to those who smoke. During discussion, Director Lancaster stated he did not feel an ordinance which would strictly prohibit smoking should be passed. Director Todd stated he would be reluctant to take action which would cause persons not to attend Board meetings, therefore, he proposed that an initial trial period be put in effect as a means of evaluating the effect a "no -smoking" policy would have. Director Noland proposed that smoking be confined to the hallway of the building during meetings. Director Purdy preferred tabling the question until others had had an opportunity to comment. He did not believe the Board should take definite action on the basis of one request. Upon completion of discussion, Director Todd moved that the City Manager be instructed to remove ash trays from the Board room and to post signs which request people not to smoke or which thank people for not smoking. Todd's motion in- cluded the provision that the matter would be re-evaluated by the Board after a six-month trial period. The motion was seconded by Noland and the recorded vote of the Board was: "Ayes": Orton, Collier, Todd, Noland "Nays": Hughes Abstain: Purdy, Lancaster The motion was declared passed. 239 239.1 239.2 239.3 239.4 239.5 239.6 ORDINANCE AMENDING SIGN ORDINANCE - Size Limitations 240.1 The City Attorney read for the first time an ordinance which would amend regulations applicable to free-standing signs to require that dimen- sions of signs be decreased when erected nearer street right-of-way. The maximum size of a sign located 15 feet from street right-of-way would be 10 square feet with a maximum of 75 square feet allowed at the 40 foot setback. Signs placed between the 15 and 40 feet would be allowed to increase in size by one foot for each foot further from the right-of-way. 240.2 Director Collier, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. Mayor Orton preferred leaving the ordinance on first reading until supporters of the sign ordinance could study the proposed amendment. She felt the amendment would severely weaken the sign ordinance and did not feel that the passage of the amendment would be fair to those who had been required to comply with the original sign ordinance. She suggested the sign ordinance be placed on the November ballot to receive the people's approval. 240.3 Director Noland noted that the proposed amendment was not a new one but had been considered by the Board at a prior meeting and tabled for further study. The Mayor asked if the motion to place the ordinance on second reading should pass. The recorded roll call vote was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton The motion was declared passed and the ordinance was read the second time. 240.4 The Mayor favored a compromise which would incorporate provisions of two proposed formulas for sign size limits. Director Todd, however, felt the proposed limita- tions to be reasonable and did not think they would weaken the sign ordinance. He noted that businessmen would have more choice in the location and size of their signs. 240.5 Director Collier, seconded by Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton The motion was declared passed and the ordinance was read the third and final time. 240.6 Director Collier, seconded by Purdy, moved the ordinance be amended to correct the numbering sequence. The recorded vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton The motion was declared passed and the ordinance amended. 240.7 The Mayor then asked if the ordinance, as amended, should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton The Mayor declared the ordinance as amended passed. 240.8 Director Collier, seconded by Purdy, moved the emergency clause of the ordi- nance be adopted. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton The motion was declared passed and the emergency clause adopted. ORDINANCE NO. 2269 APPEARS ON PAGE 160 OF ORDINANCE & RESOLUTION BOOK V 240 ORDINANCE AMENDING SIGN ORDINANCE - Height Limitations The City Attorney read an ordinance for the first time which would amend current free-standing sign height regulations to require reduction in the height of signs which are erected less than 40 feet from street right-of-way. Director Purdy, seconded by Collier, moved rules be suspended and the ordi- nance placed on second reading. The recorded roll call vote was: "Ayes': Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays': None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Todd, moved that Section I of the ordinance be amended to clarify that the maximum height of any free-standing sign shall be reduced in height by 2 foot for each foot closer to street right-of-way. The Mayor asked if the motion should pass. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed.and the ordinance amended. MO Director Purdy, seconded by Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance, as amended, should pass. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The Mayor declared theordinance as amended passed. ORDINANCE NO. 2270 APPPEARS ON PAGE 161 OF ORDINANCE & RESOLUTION BOOK V 2 4 1 241.1 241.2 241.3 241.4 241.5 ORDINANCE VACATING ALLEYS - Parksdale Addition The City Attorney read the first time an ordinance to close two alleys 241.6 located in the Parksdale Addition abutting Lots 15, 16, 17, 18, 19 of Block 11 and abutting the western property line of Lot 19. Director Collier, seconded by Noland, moved rules be suspended and the ordi- 241.7 nance placed on second reading. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Purdy, moved rules be further suspended 241.8 and the ordinance placed on third and final reading. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "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. 241.9 The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Tadd, Noland, Hughes "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2271 APPEARS ON PAGE 1620F ORDINANCE & RESOLUTION BOOK V 241 REQUEST FOR CITY PARTICIPATION IN BRIDGE CONSTRUCTION - Old Wire Road North Subdivision 242.1 Developers of the Old Wire Road North Subdivision had requested City parti- cipation in the cost of constructing a bridge across a creek which traverses the subdivision. 242.2 The City Manager reviewed a policy adopted by a previous board which pro- vided for city participation in such pro0ects based upon general public benefit to be derived from bridge construction such as enhancement of police and fire protection and traffic circulation. The City Manager recommended that, in this particular instance, the City participate in only 25 percent of the cost ($2,800) 242.3 Director Noland felt it would be more important for the City to participate in the cost of constructing a bridge across the creek at a point where the creek crosses the proposed extension of Township Road. Mr. Jack Stewart, developer of the subdivision did not feel he should participate in the cost of a bridge on Township Road since he had made a roadway dedication to the city. 242.4 Grimes reported he had anticipated funds for city participation to come from 1976 Revenue Sharing reallocations to be made due to purchase of sanita- tion equipment from another fund. Ne believed the policy which would allow city participation in bridge construction for subdivisions would encourage developers to subdivide parcels which have creeks traversing them. Director Collier felt the Board should consider expenditures for more urgent needs before committing funds to participate in construction of a bridge. 242.5 Director Noland, seconded by Purdy, moved the City not participate in the construction of the bridge. The motionand second were withdrawn in favor of a motion by Director Noland to table the request and to reconsider the request following a review of street priorities. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed. RESOLUTION AUTHORIZING ADJUSTMENT TO 1975 COMMUNITY DEVELOPMENT PROGRAM 242.6 The City Attorney read a resolution which would approve adjustments to the 1975 Community Development Program to allow $9,062.71 additional funds for housing rehabilitation and an appropriation of $3,500 for emergency housing repairs. Hoffman explained that the funds were surplus funds originally budgeted for administration of the housing rehabilitation program. 242.7 Director Noland, seconded by Todd, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 42-76 APPEARS ON PAGE 73 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - 3010 North College / Scottish Inn Motel 242.8 Mr. David Lewis, manager of Scottish Inn Motel, had requested a variance from the size limitations of the sign ordinance to permit the erection of a 134 square foot sign at 3010 North College. 242.9 Mr. Richard Headrick, representative of Headrick Sign Company, Laurel, Mississippi; was present in the audience to speak in behalf of the request. He contended that the motel experienced a hardship at its location in that the motel was blocked from view by billboards. He contended that the larger 242 1 2 sign would enable motorists to locate the motel in sufficient time to nego- tiate a safe turn. He believed the motel was placed at a disadvantage in that it had to compete with other nearby motels which had large signs. He told the Board that, if the larger sign were allowed, the sign could be re- moved if the billboards are removed at a future date. Director Purdy, who believed the newly amended free-standing sign regula- 243.1 tions to be reasonable, moved that the variance be denied. The motion was seconded by Director Todd and the roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the variance denied. ORDINANCES AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - South School The City Attorney advised that proposed ordinances to authorize abatement 243.2 of unsightly property conditions at 3050 and 2100 South School be tabled until proper notice could be given the property owners. Director Lancaster, on seconded by Collier, moved the proposed ordinances be tabled. The recorded vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinances tabled. FIRE STATION SITE PURCHASE The City Manager and the Fire Chief had recommended the purchase of property located on Crossover Road directly west of Hyland Park to be used for a fifth fire station to serve areas of Highways 16 East and 45 East. In the written recommendation to the Board, the City Manager stated that the City could not afford to construct, equip, and staff two additional fire stations at this time and that the recommended location could serve both areas until two new stations could be built to serve each area. He proposed that a residential structure be constructed so that it might be sold,and part of the City's in- vestment recovered, when the two new stations were built. Directors Collier and Hughes expressed opposition to the chosen site, re- calling that the original plan had been to construct a station on Highway 16 East and one on 45 East. Collier felt the original plan should be adhered to and both stations built, utilizing Community Development funds if necessary. Fire Chief Charles McWhorter again reminded the Board that the City could not afford to build and staff two additional fire stations. He informed the Board that it would be necessary to serve both areas from the proposed site and that the station should not be built any farther south of 45 East because of hilly terrain which equipment would have to traverse. Funds for construction of the station had been reserved in Revenue Sharing accounts in the years 1972 and 1974, according to the City Manager, and addi- tional funds would be provided through allocations of 1976 Revenue Sharing funds for 1977. In order to supplement fire protection for the 16 East area, the City Manager proposed that large fire extinguishers be provided to firemen residing in that area. Director Todd supported the City Manager's recommendation and pointed out that the site would appear to be the best site from which to serve both areas within the recommended four -minute response time. 243 243.3 243.4 243.5 244.1 Director Hughes, seconded by Collier, moved the station be located on Highway 16 East as originally planned. The motion and second were withdrawn in favor of a motion by Director Lancaster to delay further consideration of the proposed site until further study could be made. Lancaster's motion included the stipulation that the matter be reconsidered no later than the first meeting in October, 1976. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed. ORDINANCE RENAMING PLANNED UNIT DEVELOPMENT - 19th Green, Sweetbriar Addition 244.2 The City Attorney read for the first time an ordinance to rename the "19th Green", a planned unit development, "Greenbrier". Director Collier, seconded by Director Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the second time. 244.3 Director Purdy, 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": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the third and final time. 244.4 Following slight comment, the Mayor asked if the ordinance should pass. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2272 APPEARS ON PAGE 164 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING 1977 COMMUNITY DEVELOPMENT PROGRAM APPLICATION 244.5 The City Attorney read a resolution which would authorize the development and submission of the 1977 Community Development Block Grant Program application. 244.6 Lengthy discussion ensued the reading of the resolution during which Director Hughes requested the Board be provided with sufficient supportive data and de- tailed budget figures. He believed that salaries of CD staff should be com- pared with those of other City staff and that the CD staff should present a de- tailed budget using the same budget format as other City departments. Hughes stated he would also favor applying an entire's year's funding towards a single project. 244.7 Director Todd felt some of the questions raised were worth consideration. Todd said the CD program was a part of City government and not a separate entity and should be coordinated more closely with the other City departments. 244.8 The Board felt it should have more input into the program and indicated a desire to make suggestions of projects which might be undertaken during the 1977 program. 244.9 The Mayor asked if the resolution should pass. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The resolution was declared passed. RESOLUTION NO. 43-76 APPEARS ON PAGE 74 OF ORDINANCE & RESOLUTION BOOK V 244 1 ORDINANCE AMENDING RULES AND REGULATIONS FOR USE OF CITY -OWNED LAKES The City Manager reported that the proposed ordinance was necessary to 245.1 update existing rules and regulations governing the use of city -owned facilities at Lakes Fayetteville and Sequoyah. He noted that the proposed rules had been reviewed and approved by the lake operators and the Parks and Recreation Advisory Board. Director Todd requested that the ordinance contain prohibition of motor ve- 245.2 hicles from being driven on other than routes provided for that purpose. The Board discussed briefly, but rejected, the possibility of decreasing or eliminat- ing the recreational fees for persons over 65 years of age. The City Attorney read the ordinance the first time after which Director 245.3 Hughes, seconded by Collier, moved rules be suspended and the ordinance placed IQ on second reading. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes CZ "Nays": None CZ The motion was declared passed and the ordinance was read the second time. OM Director Todd, seconded by Director Purdy, moved that a provision which 245.4 would allow the lake operator to issue hunting permits be deleted. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance amended. Director Hughes, seconded by Collier, moved rules be further suspended and 245.5 the ordinance placed on third and final reading. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "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, as amended, should pass. The recorded ro2:1 call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The Mayor declared the ordinance passed as amended. ORDINANCE NO. 2273 APPEARS ON PAGE 165 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REGULATING USE OF CITY FLAG The City Attorney read an ordinance which would regulate the use of the 245.6 official City flag. Director Collier, seconded by Purdy, moved rules be sus- pended and theordinance placed on second reading. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Purdy, moved rules be further suspended and 245.7 the ordinance placed on third and final reading. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: 245.8 "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2274 APPEARS ON PAGE 167 OF ORDINANCE & RESOLUTION BOOK V 245 AWARD OF BIDS 246.1 Rogers-Knerr-Knox Sewer - Community Development: Purchasing Officer Sturman Mackey recommended the award of bid for installation of sewer lines on Rogers, Knerr, and Knox Drives to Jerry Sweetser in the amount of $85,041.50. Directors Purdy and Todd expressed dismay at the bid price and the amount of sewer line that would be installed to serve a relatively small number of homes. Mrs. Dawn Dunnuck, 835 Rogers, was present in the audience and stated that the sewer was needed so that septic tank systems could be eliminated. 246.2 A motion by Director Hughes to approve the recommendation for bid award died for lack of second. Director Purdy, seconded by Todd, moved the bid be rejected. The recorded roll call vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed and the bid rejected. 246.3 Twenty -Second Street Sewer, Phase II: The Purchasing Officer recommended award of bid for -Phase II of the Twenty -Second Street Sewer to Jerry Sweetser, conditional upon the acceptance by HUD of the proposed contract. Director Hughes, seconded by Purdy, moved the recommendation be approved. The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed. 246.4 Housing Rehabilitations: The Purchasing Officer recommended award of bids for Community Development housing rehabilitation projects as follows: 109 East Rock Pyramid Building & Restoration 523 South Hill 144 East Meadow Bradley Construction Director Purdy, seconded by Hughes, moved the bids be The recorded vote was: "Ayes": Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes "Nays": None The motion was declared passed. $3,554.00 $2,849.00 $3,628.00 awarded as recommended. OTHER BUSINESS TYSON FUEL FACILITY CONTRACT AND LAND LEASE 246.5 The City Manager presented a proposed contract with Tyson Foods which would allow that company to install fuel storage facilities at their hangar site at Drake Field. The contract would provide for the payment of nt per gallon flowage fee to the City withverification of the amount of fuel dis- pensed to be supported with invoices of Tyson's fuel purchases. He said the contract would provide that the City could adjust the fee upward in accordance with flowage fees charged other suppliers of Drake Field. The contract would have an expiration date of December 31, 1980 246.6 Also presented by the City Manager was a land lease which would provide payment of rental for land upon which the Tyson Food hangar is situated. He said provision of lease of the land had been deleted from the original Tyson Food -City of Fayetteville agreement. Monthly rental would be in the amount of $62.50, he said. 246 The City Manager stated that Scheduled Skyways had not been informed of the proposed fuel contract with Tysons. Director Todd moved the proposed documents be tabled to allow further study. The motion died for lack of second. Director Hughes, seconded by Noland, moved the City Manager be authorized to proceed "to whatever end to get the thing moving -- if it takes the Mayor and City Clerk to sign the contract,fine -- but I think it should be above board, legal, and ethical." The Mayor asked if the ordinance should pass. The recorded vote was: "Ayes": Orton, Purdy, Collier, Noland, Hughes "Nays": None Abstain: Lancaster, Todd The motion was declared passed. COMMUNITY DEVELOPMENT TRAVEL EXPENDITURE 247 247.1 d' Director Hughes moved that the City Manager place an immediate freeze upon 247.2 proposed travel expenditures for the training of a grantsman for the Community Development Program. Director Hughes contended that the expenditure should not OC be approved since there was no grantsmanship position on the CD staff. The motion died for lack of second. 1 ZION ROAD/CROSSOVER ROAD SEWER The City Manager reported that property owners in the area of Zion and Crossover Roads had raised $50,000 toward the cost of installation of sewer to a parcel considered for rezoning at the August 17 meeting. The Board indi- cated approval of the assimilation of cost figures for the project to be pre- sented to the Board. CONDEMNATION - Ellis Bogan The City Attorney reported that a recent appraisal indicated the value': of land owned by Ellis Bogan, which is needed for easements to install a sewer line to the Orthopaedic -Neurological Clinic on Joyce Road, to be $6,600. The Board reaffirmed authorization for the City Attorney to begin condemnation proceed- ings against the property. ADJOURNMENT There being no further business, and upon motion by Director Hughes, the Mayor declared the meeting adjourned. ATTEST: CliterkttiI ' t' Darlene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor 247 247.3 247.4 247.5