HomeMy WebLinkAbout1976-10-05 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
The Board of Directors of the City of Fayetteville, Arkansas met in a
regular session on October 5, 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, Al Hughes;
Russell Purdy; and Morris Collier
ABSENT: Directors Ernest Lancaster, Paul Noland
OTHER PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER AND APPROVAL OF MINUTES
260.1 The meeting was called to order by Mayor Marion Orton. Following a brief
moment of respectful silence and roll call, the Mayor asked if there be any
amendments to the minutes of the September 21 regular meeting or to the minutes
of the September 27 special meeting.
260.2 Mayor Orton requested that item six of the street construction priority
list be amended to read: "Replace Appleby Road bridge at Skull Creek or install
a bridge at Drake Road." There being no other changes, the minutes of the Sep-
tember 21 meeting were approved as amended. Minutes of the September 27 special
meeting were approved as submitted.
EMPLOYEE'S HEALTH INSURANCE
260.3 At the September 21 Board meeting, the Directors had approved a proposal
to increase the City's contribution towards the health insurance premiums of
those employees enrolled in the family health insurance plan. Funds to finance
an increased participation had been made available through revision of the
employees' retirement plan. At the September 27 special meeting, the Board
approved a motion to reconsider that decision.
260.4 The City Manager stated that he had consulted with the City Controller and
with the representative of King, Hall Associates and had concluded that the
matter should be tabled for further study. He said he had reconsidered his earlier
recommendation that funds n t needed for the retirement plan.be usd to increase the he
City s share of the family health in r ce yremiums. saidhe telt ober alter-
ld
natives for the retirement esd.ba eClo s�rds.260.5 gerector Hughes reit tat nrease city part ion neath nance
premiums was a good way in which to help ease the financial crunch which the
employees are experiencing. He also requested that consideration be given to
the idea that unclassified employees be permitted to enroll in the ICMA re-
tirement plan in which the City Manager participates. The City Manager indicated
agreement that participation in the ICMA retirement plan by unclassified employees
should be considered.
260.6 Director Purdy, seconded by Todd, moved the matter be tabled and that it be
considered at a special meeting to be held October 12, 7:00 p.m. in the Board
Room. The roll call vote was:
"Ayes": Todd, Hughes, Orton, Purdy, Collier
"Nays": None
Absent: Lancaster, Noland
The motion was declared passed.
260
1
RESOLUTION APPROVING FINAL PLAT - Hyland Park, Phase I, Block 3 Replat
The City Attorney read a resolution to approve the
of part of Block 3, Hyland Park Phase I. He noted that
been accepted.
Director Collier, seconded by Todd, moved adoption
recorded roll call vote of the Board was:
"Ayes": Todd, Hughes, Orton, Purdy, Collier
"Nays': None
Absent: Lancaster, Noland
The Mayor declared the resolution adopted.
RESOLUTION N0. 50-76 APPEARS ON PAGE 81 OF ORDINANCE & RESOLUTION BOOK V
RESOLUTION AUTHORIZING CONDEMNATION - Twenty Second Street
Cg
w:
final plat of a replat
dedications had previously
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261.1
of the resolution. The 261...2
Ir
The City Attorney read a resolution to authorize condemnation precedures
against J. W. and Marie Eoff for property located between Nonnamaker and Twenty
Second Street to provide a sewer easement.
Following slight discussion, Director Hughes, seconded by Purdy, moved
adoption of the resolution. The recorded roll call vote was:
"Ayes": Todd, Hughes, Orton, Purdy, Collier
"Nays": None
Absent: Lancaster, Noland
The Mayor declared the resolution passed.
RESOLUTION NO. 51-76 APPEARS ON PAGE 82 OF ORDINANCE AND RESOLUTION BOOK V
REQUEST FOR WAIVER OF MASTER STREET PLAN - College Avenue
The request of Mr. Herbert Hatfield for a waiver of the Master Street Plan
from Center to Spring Street had been considered at the September 21 meeting and
tabled to allow the City Attorney to research legal issues.
In a written opinion the City Attorney advised that he believed the Board of
Directors did not have the authority to waive, on a case-by-case basis, the
Master Street Plan. It was also his opinion that the Board did not have authority
to grant a provisional waiver which would require the property owner to relocate
improvements made to property in the event future street improvements were made
and the improvements were set within the setback lines.
Mr. Hatfield contended, and Director Hughes agreed, that several buildings
in the area between Center and Dickson Streets would have to be removed to allow
widening of College Avenue. They believed removal of the buildings would be
unlikely and felt that the Master Street Plan should not be applied to the area.
Director Todd believed that approval of the waiver would open the door
for future requests and that there would be a danger of developing a "creeping"
effect if waivers were allowed.
During further discussion the Board discussed the possibility of requesting
the Planning Commission to consider amendment to the Master Street Plan from
Mountain Street to Dickson Street. Director Purdy expressed reluctance to
amend the plan by Board action without further study and recommendation from
the Planning Commission.
The City Attorney read for the first time an ordinance to amend the Master
Street Plan as requested by Mr. Hatfield. Director Collier, seconded by Director
Hughes, moved rules be suspended and the ordinance placed on second reading. The
recorded vote was:
"Ayes": Todd, Hughes, Orton, Collier
"Nays": None
Abstain: Purdy
Absent: Lancaster, Noland
The Mayor declared the motion failed.
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261.3
261.4
261.5
261.6
261.7
261.8
261.9
261.10
STREET IMPROVEMENT DISTRICT - Hacienda Boulevard / V
262.1 The City Attorney advised that the petitioners
be tabled to allow them to draft a new, revised peti
seconded by Collier, moved the item be tabled. The
"Ayes": Todd, Hughes, Orton, Purdy, Collier
"Nays": None
Absent: Lancaster, Noland
The motion was declared passed.
AWARD OF BID
262.2 Bid 335 - Tires and Tubes: City Purchasing Officer,
award of bid to Central Tire and Goodyear Tire for o
October 5, 1976.
262.3 Following discussion, Director Purdy, seconded
awarded as recommended The recorded vote was:
"Ayes": Todd, Hughes, Orton, Purdy, Collier
"Nays": None
Absent: Lancaster, Noland
The motion was declared passed.
OTHER BUSINESS
SIGN ORDINANCE LITIGATION
ilia Mobile Home Park
had requested the item
tion. Director Purdy,
recorded vote was:
Sturman Mackey, recommended
ne-year contracts commencing
by Collier, moved the bid be
262.4 The City Attorney noted a recent Supreme Court ruling regarding the litiga-
tion of Osage Oil Company v. City of Fayetteville involving the City's sign
ordinance. He advised that the judgement would not be final for 17 days and
that the City could not legally enforce the sign ordinance in this particular
instance until that period had expired.
ADJOURNMENT
262.5 There being no further business for the Board's consideration, the Mayor de-
clared the meeting adjourned.
ATTEST:
Darlene Westbrook, City Clerk
APPROVED:
.0)12-27-z_ lfPY/ 22.,142/.
Marion R. Orton, Mayor
262