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HomeMy WebLinkAbout1976-11-02 Minutes278 MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS November 2, 1976 The Board of Directors of the City of Fayetteville met in special session in the Board Room of the City Administration Building on November 2, 1976, at 5:30 p.m. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Russell Purdy, Morris Collier, Ernest Lancaster, John Todd, Paul Noland, and Al Hughes (absent at roll call). ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 278.1 The meeting was called to order by Mayor Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the October 19, 1976 meeting. 278.2 Director Todd requested paragraph 272.4 be amended to read: "...an annual report of the Housing Authority's Section VIII activities." He also requested that paragraph 267.8 reflect the fact that the Board discussed objections which had been considered during a rezoning appeal held in 1975 regarding the Garton property and that the Board had found that conditions had not changed since that first hearing. REZONING APPEAL - R76-33 / Pete Estes / Crossover Road 278.3 The appellant had requested rezoning of a five acre tract located on the west side of Crossover Road (Highway 265) approximately 300 feet south of Highway 45 East from R-1 Low Density Residentialto C-2 Thoroughfare Commercial. 278.4 In his appeal to the Board, Mr. Estes cited a letter from the Planning Commission Chairman addressed to the City Manager which stated that the Planning Commission would agree to rehear the request. In the letter the Planning Commission Chairman stated he felt that extenuating circumstances existed which would justify rehearing of the request. The Chairman also noted that, although insufficient number of affirmative votes were cast to recommend approval to the Board, a majority of the Planning Commission members present did vote in favor of the request. 278.5 Mr. Estes also cited the request by the Board for the Planning Commission to reconsider the land use plan for the Highway 265/Highway 45 East intersection and he believed his request should be tabled until the study had been completed. 278.6 The Mayor stated that the matter before the Board for consideration was one of rezoning. She noted the lack of public sewerage facilities in the area and restated the Board's policy that higher density zoning would not be allowed for areas where no sewerage facilities are available. 278 1 4 1 The City Attorney read the ordinance to rezone the property as requested. Director Noland, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland Nays: Hughes The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. During discussion, Director Hughes stated that presently available commercial property to the east of the Estes property had not been developed because the price of the property was, in his opinion, too high and not because there was no demand for commercially zoned property. He believed that the Board would be acting prematurely in voting on the request before the study of the land use of the area was complete. The Board informed Mr. Estes that, should conditions alter substantially, he might wish to request reconsideration of the rezoning before a one-year time period. Director Todd stated that even though recommended uses for Estes' property might be for :commercial purposes, the fact remained that public sewerage faci- lities did not exist to properly serve the property. He also stated his belief that the Land Use Plan is a long range plan with which facilities must catch up with before actual rezoning is accomplished. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: None Nays: Hughes, Orton, Purdy, Collier, Lancaster, Todd, Malone The Mayor declared the ordinance failed. AWARD OF CONTRACTS - Engineering Consultants The City Manager presented the Board with proposed engineering study con- tracts for portions of the 1976-77 Water and Sewer Department budget which will require services of private engineers. In response to question from the Board, the City Manager cited the extent ofthe projects and the fact that the City Engineer- ing staff is involved with the current water and sewer capital improvement project as being curcumstances which require services of the private consultants. RESOLUTION AUTHORIZING ENGINEERING CONTRACT - McClelland Consulting Engineers The City Manager outlined the area which would be studied for possible sewerage facilities. The Board questioned providing sewerage facilities for areas having few residences. Director Purdy, seconded by Noland, moved that the study not include areas south of Halsell Road and that only preliminary engineering studies be conducted for the West Maple Street (as extended) area. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the motion passed. The City Attorney read a resolution authorizing the execution of an engineer- ing contract with McClelland Consulting Engineers for engineering services for fiscal year 1976-77 water and sewer projects for Ridgely Manor Phase I and II, and 279 279 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 280 for the Sang and Halsell Todd, moved adoption of Ayes: Orton, Purdy, Col Nays: None Absent: Lancaster The Mayor declared the Street area as amended. Director Collier, seconded by the resolution. The recorded vote was: lier, Todd, Noland resolution passed. RESOLUTION NO. 58-76 APPEARS ON PAGE 89 OFORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CONTRACT - Milholland Engineering 280.1 The City Attorney read a resolution authorizing execution of a contract with Melvin L. Milholland for engineering services for fiscal year 1976-77 water improvements to include replacement of lines in an area bounded by Rebecca, Spring, Fletcher, and College Streets; and the relocation of a water main along North Gregg Avenue between Township Road and Poplar Street. Director Collier, seconded by Purdy, moved adoption of the resolution. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 59-76 APPEARS ON PAGE 90 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING ENGINEERING CONTRACT - Fayetteville Youth Center 280.2 The City Attorney read a resolution authorizing execution of a contract with McClelland Consulting Engineers for improvements to the Youth Center swimming pool to provide for humidity control. Mr. Ervan Wimberly, represent- ing McClelland Engineering, reported the extent of damage to the structure as a result of excessive humidity. 280.3 Director Purdy, seconded by Collier, moved adoption of the resolution The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 60-76 APPEARS ON PAGE 91 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING ENGINEERING CONTRACT - Lake Fayetteville, Asbell, Wilson, and Walker Parks 280.4 The City Attorney read a resolution authorizing execution of a contract with McClelland Consulting Engineers for improvements at Asbell, Wilson, Walker, and Lake Fayetteville parks. The City Manager stated that the amendment was necessary in order to comply with HUD requirements. Director Noland, seconded by Todd, moved adoption of the resolution. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 61-76 APPEARS ON PAGE 92 OF ORDINANCE & RESOLUTION BOOK V 280 1 ORDINANCE AMENDING SUBDIVISION REGULATIONS - Subdivision Plat Approval The City Attorney explained the intent of the ordinance as being to expedite approval of subdivision platsby granting the Planning Commission the authority to make final approval of subdivision final plats rather than requiring final plat approval by the Board. He explained that this procedure was followed by other cities of the state. He read the ordinance the first time. Director Collier, seconded by Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and ordinance was read the second time. Director Purdy, seconded by Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. During discussion, the City Attorney advised that street and alley dedications would still have to receive formal acceptance of the Board with passage of an ordinance. Acceptance of the streets could be made following filing of "as built" plans. Director Hughes, seconded by Noland, moved that Section 2 of the ordinance be amended to read: "...final approval of subdivision plats is unduly time consuming for the developer..." The recorded vote of the Board was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance amended. The Mayor then asked if the ordinance, as amended, should pass. The recorded vote was: Ayes: Orton, Hughes, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the ordinance as amended passed. ORDINANCE NO. 2287 APPEARS ON PAGE 180 OF ORDINANCE AND RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF DEVELOPER CONTRACTS The City Attorney explained that past procedure had been for the Board to approve each developer contract guaranteeing installation of improvements. He recommended adoption of a resolution which would provide blanket authorization to the Mayor and City Clerk to execute such contracts for subdivisions approved by the Planning Commission. He then read the resolution. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 62-76 APPEARS ON PAGE 93 OF ORDINANCE & RESOLUTION BOOK V 281 281 281.1 281.2 281.3 281.4 281:5' 281.6 281.7 281.8 282 AUTHORIZATION OF EASEMENT TRANSFER - Sewer Improvement District No. 1 282.1 The City Attorney recommended the Board table consideration of the item to allow further research to determine whether or not the Sewer Improvement District One had been dissolved. Director Purdy, seconded by Noland, moved the item be tabled. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed. ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - 2100 South School 282.2 The City Attorney read an ordinance authorizing the City Manager to have unsightly property conditions at 2100 South School corrected. Director Purdy, seconded by Todd, moved suspension of the rules to allow the ordinance to be read the second time. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 282.3 Director Collier, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. 282.4 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2288 APPEARS ON PAGE 181 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - 3050 South School 282.5 The City Attorney read an ordinance authorizing the City Manager to have unsightly property conditions at 3050 South School corrected. Director Purdy, seconded by Collier, moved rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 282.6 Director Collier, seconded by Todd, moved rules be further suspended and the ordinance read the second time. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. 282.7 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2289 APPEARS ON PAGE 182 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CONTRACT - R. L. Polk Publishing Company The City Attorney read a resolution to authorize the Mayor and City Clerk to execute a contract for the purchase of housing survey data compiled by the R. L. Polk Publishing Company. Contract price of the reference material is $4,200.00. During brief discussion, Director Hughes questioned the accuracy of the city directory, which is published by the same company, and wondered if the data to be purchased would be reliable. He also suggested, and the City Manager agreed, that the company be contacted and requested to conduct its survey of the city during September of each year. Director Collier, seconded by Purdy, moved adoption of the resolution. The recorded roll call vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the resolution passed. RESOLUTION NO. 63-76 APPEARS ON PAGE 94 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS ORDINANCE AMENDING ORDINANCE 2283 283 283.1 283.2 The City Attorney read an ordinance to amend Ordinance 2283 by correcting a 283.3 legal description. Director Noland, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Hughes, moved rules be further suspended and 283.4 the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster 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 283.5 recorded vote was: Ayes: Hughes, Orton, Purdy, Collier, Todd, Noland Nays: None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2290 APPEARS ON PAGE 183 OF ORDINANCE & RESOLUTION BOOK V NOMINATION COMMITTEE Chairman of the Board Nominating Committee, Director Todd, suggested that vacancies occuring on City boards or commissions prior to the new year not be filled unless necessary so that new Board members might participate in selection of the nominees. The Board indicated approval of the suggestion as well as Todd's suggestion that newly elected directors be unofficially polled as to their preference of nominees. 283 283.6 284 ADJOURNMENT 284.1 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk 284 APPROVED: arion R. Ston,Qayor