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HomeMy WebLinkAbout1976-12-07 MinutesMINUTES OF A REGULAR MEETING OFTHE BOARD OF DIRECTORS December 7, 1976 The Board of Directors of the City of Fayetteville met in a regular session on December 7, 1976, at 7:30 p.m., in the Board Room of the City Administration Building. 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 N d- ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CC CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Orton. Following a brief moment 291.1 of respectful silence, the Mayor asked if there be any amendments to the minutes of the November 16, 1976 meeting. Mayor Orton requested that paragraph 285.6 be amended to read: "The City 291.2 Attorney suggested..." She also requested that paragraph 288.3 be amended to reflect that she and Director Todd had cast negative votes primarily because the proposed amendment to the sign ordinance was one of clarification rather than a change in requirements of the ordinance and input of new Board members would not be necessary. The amendments being satisfactory to the Board, the minutes were declared 291.3 approved as amended. TAXICAB FRANCHISE AMENDMENTS REQUESTED Mr. Randall Barnes, owner of Fayetteville Transportation Company and holder of the current taxi franchise, had requested changes in the regulations governing the franchise and a 15 - 25 cent increase in rates. Requested to be deleted were sections of the ordinance which prohibit provision of service to those without fare and the refusal of service to locations within the corporate limits, and the deletion of requirements that drivers secure physician's certificates of health. Barnes requested that the Board approve increased rates for "waiting time" and an increase of 25 cents in all zones except Zone A which was requested to be increased 15 cents. He also requested that the Board provide misdemeanor penalties for placement of bogus calls for taxi service. Barnes was present at the meeting to speak in behalf of his requests, noting that the requests were made as a matter of economics, practicality, and convenience. He explained that each driver owned his own cab and were under contract with the transportation company. Therefore, Barnes did not feel the City had the right to dictate to the cab drivers what type of passengers they would carry. When the Board indicated that the company was not providing prompt service, Mr. Barnes contended that the majority of calls were responded to within ten minutes. Mr. Barnes told the Board that he had not secured the franchise permit since 1974 but that he would abide by the ordinance and pay the franchise fee 291 291.4 291.5 291.6 if the Board approved the requested changes. Director Lancaster noted that the franchise requirements seemed to have been satisfactory at the time Barnes accepted the franchise but that apparently the service could not be provided within the franchise regulations. Director Lancaster moved that the Board table further consideration of the requests until the January 4, 1977 meeting so that the directors could have additional time in which to study some of the current problems. The motion was seconded by Director Noland. 292.1 The Mayor asked if the motion should pass and the recorded roll call vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and further consideration tabled until January 4, 1977. ORDINANCE ESTABLISHING OFF-STREET PARKING DEVELOPMENT DISTRICT 76-1 292.2 The City Attorney informed the Board that a petition had been filed which requested the formation of an off-street parking development district to en- compass an area bounded on the west by the center line of Locust Street, on the north by the center line of Spring Street, on the East by the center line of College Avenue, and on the south by the center line of Rock Street. Also in- cluded in the proposed district were two small parcels north of Spring Street on East Avenue. An abstracter's certificate presented at the meeting certified that total valuation of all properties within the proposed district was $1,424,880 and that a total valuation of $813,345 was represented in the petition -- a representation of greater than 50 percent of assessed valuation. 292.3 The Mayor declared a public hearing open for the purpose of hearing comments challenging the sufficiency of the petitions. There being none, the Mayor declared the hearing closed. The City Attorney proceeded to read for the first time an ordinance declaring the petition sufficient, establishing the district to be named Off -Street Parking Development District Number One; and naming Pearl Clinehens, Frank W. Lewis, and Dr. C. Garland Melton as the district's commissioners. Director Hughes, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance was read the second time. 292.4 Director Hughes, seconded by Purdy, moved rules be further suspended and the ordinance read the third and final time. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 292.5 Following discussion concerning boundaries of the district, method of assessing properties, and proposed plans for improvements, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2292 APPEARS ON PAGE 1860F ORDINANCE & RESOLUTION BOOK V 292 • 293 SOUTHERN STANDARD BUILDING CODE - 1976 Edition The 1976 Edition of the Southern Standard Building Code was to be considered 293.1 by the Board for adoption. Mr. Freeman Wood, Building Inspector, was present at the meeting to respond to inquires from the Board regarding new provisions of the code. He informed the Board that his office had mailed notice that the new code was to be considered and that the mailing included a synopsis of the changes proposed. He noted, however, that local building contractors had not indicated any -interest in the new code. The Board discussed at length the effect the new code would have on the 293.2 cost of construction. Director Todd particularly questioned the rationale for requiring a certain size or number of windows. Mr. Wood explained that the new Et code would provide leniency towards energy-saving homes in that window size N could be reduced. The Directors did not agree that such homes should receive C` preferential consideration and believed that window size and number should be a personal preference. 6Y Director Purdy expressed his concern that the various construction codes were becoming to be an imposition on individual rights as well as proving to be a cause of increased construction costs. On the other hand, Mayor Orton be- lieved that building code requirements provided safety for building occupants 4 and might result in lower insurance premiums. Director Todd supported a new requirement for the installation of smoke 293.4 detectors and cited recent publications which cited the effectiveness of the detectors in preventing loss of life from inhallation of smoke and toxic fumes generated by a smoldering fire. Even though Todd felt the City to be in a paradoxical situation by trying to provide building safety while trying to limit increased costs, he did believe the time had come to require smoke detectors. The City Attorney read the ordinance the first time. Director Todd, 293.5 seconded by Hughes, moved the City Manager should prepare, for Board considera- tion, a recommendation of current building code requirements that could be eliminated that would at least equal any cost added to residential housing con- struction by the new requirements of this ordinance. After slight discussion, the motion was withdrawn. At the recommendation of the City Attorney, the ordinance was left on 293.6 first reading to allow directors to review the ordinance and submit revisions to the City Attorney to be included in the ordinance. RESOLUTION AUTHORIZING AMENDMENT TO GRANT AGREEMENT - FAA 8-05-0020-04 The City Attorney read a resolution which would authorize the Mayor and 293.7 City Clerk to execute an amendment to Federal Aviation Administration grant number 8-05-0020-04 to provide 75 percent federal participation in cost over- run of the project. Director Hughes, seconded by Director Todd, moved adoption of the resolu- 293.8 tion. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The resolution was declared adopted. 1 293.3 ,,, RESOLUTION NO. 65-76 APPEARS ON PAGE 96 OF ORDINANCE & RESOLUTION BOOK V 293 9 ORDINANCE AMENDING SUBDIVISION REGULATIONS - Off -Site Improvements 294.1 The proposed ordinance, left on third reading at the November would amend Article III of Appendix C of the Code of Ordinances to subdividers to install off-site improvements when the improvements necessary by the subdivision's effect on adjacent areas. 294.2 The City Attorney noted that he had redrafted the ordinance to provide con- sistency and clarification. He also noted that it might be proper to amend the Large Scale Development Ordinance in a similar manner and the Board indicated they would like to consider such an ordinance. The City Attorney advised that, should the Board prefer to require recreational facilities he would draft an ordinance if, after reading his memorandum concerning his research on the subject, the Board wished to consider such an ordinance. The City Manager stated that the ordinance being considered would not require improvements which were not currently requested of the subdivider. The purpose of the ordinance, he said, was to provide a legal basis for re- quirement of the improvements. 294.3 DirectorTodd, seconded by Hughes, movedthe ordinance be amended to in- coporate the revisions recommended by the City Attorney. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance amended. 294.4 The Mayor then asked if the ordinance should pass as amended. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The Mayor declared the ordinance as amended passed. 16 meeting, require were made ORDINANCE NO. 2293 APPEARS ON PAGE 189 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - 352 Holly 294.5 The City Attorney read an ordinance to authorize the City Manager to have unsightly property conditions corrected at 852 Holly and to provide for the place - and exercise of a lien for costs of the cleanup. 294.6 Director Collier, seconded by Lancaster, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance was read the second time. 294.7 Director Todd, seconded by Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayds: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 294.8 The Mayor then asked if the ordinance should pass. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The ordinance was declared passed. ORDINANCE NO. 2294 APPEARS ON PAGE 190 OF ORDINANCE & RESOLUTION BOOK V 294 • 295 ORDINANCE WAIVING FORMAL BID REQUIREMENTS - Cast Iron Pipe and Fittings The City Attorney read an ordinance to waive formal bid requirements until 295.1 December 31, 1977, for the purchase of cast iron pipe and fittings, soil pipe, water meters, brass water and sewer items, copper pipe and fittings, and plastic pipe and fittings. Suppliers of the goods were unwilling to submit firm bids for the purchase of the items. Purchases were to be made by written quotations. Director Collier, seconded by Noland, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the ordinance was read the second time. EtDirector Collier, seconded by Purdy, moved rules be further suspended and 295.3 C\1 the ordinance read the third and final time. The recorded vote was: `r Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None LC 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: 295.4 Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2295 APPEARS ON PAGE 192 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF CONTRACT - Melvin Milholland / Phase I, Community Development Sewer Projects The City Attorney read a resolution authorizing the Mayor and City Clerk to 295.5 execute a contract with Melvin Milholland,consulting engineer, for engineering services in conjunction with Phase I of the 1976 Community Development sewer projects. Director Collier, seconded by Todd, moved adoption of the resolution. The 295.6 recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the resolution adopted. RESOLUTION NO. 66-76 APPEARS ON PAGE 97 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING EXECUTION OF CONTRACT - Neal Albright / Phase II, Community Development Sewer Projects The City Attorney read a resolution authorizing the Mayor and City Clerk to 295.7 execute a contract with Neal Albright, consulting engineer, for engineering services in conjunction with Phase II of the 1976 Community Development sewer project. Director Collier, seconded by Hughes, moved adoption of the resolution. The 295.8 recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the resolution adopted. RESOLUTION NO. 67-76 APPEARS ON PAGE 98 OFORDINANCE & RESOLUTION BOOK V 295 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT - Sturdivant's Sheet Metal / Youth Center 296.1 The City Attorney read a resolution authorizing the Mayor and City Clerk to execute a contract with Sturdivant's SheetMetal and Plumbing, Inc., for construc- tion of improvements to the heating system of the Youth Center swimming pool structure at a total contract price of $35,424.00. 296.2 In regard to the borrowing of $6,000 from the Community Development Street program, CD Administrator Charles Hoffman informed that 63 percent of the Community Development Committee membership had been polled and approved the loan from the "X" street line item of the 1976 Community Development program. Director Lancaster, seconded by Todd, moved that the $6,000 be borrowed from the "X" street line item of the 1976 Community Development Program to help defray expenses of the Youth Center swimming pool improvements. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed. 296.3 Director Hughes, seconded by Collier, moved adoption of the resolution. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The Mayor declared the resolution adopted. RESOLUTION NO. 68-76 APPEARS ON PAGE 99 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS PRIVATE CLUB PERMIT APPROVAL - Racket Club 296.4 Application for a City private club permit for 704 North College for the Racket Club had been submitted by Conway Wright. 296.5 The City Manager informed the Board that the Chief of Police and the Fire Chief had inspected the location and had indicated their approval. Director Collier, seconded by Noland, moved the permit be approved. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed. RESOLUTION AUTHORIZING CONDEMNATION PROCEDURES - Stone Street 296.6 The City Attorney read a resolution authorizing condemnation proceedings against Hugh Shackelford, Ray Chappell, Oliver Drain, and Alice Keirn, for property located on Stone Street, east of Sang Avenue. 296.7 Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None The motion was declared passed and the resolution adopted. RESOLUTION NO. 69-76 APPEARS ON PAGE 100 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT STATEMENT - Highway 71 Bypass 296.8 Noting that a Highway Department Hearing concerning the proposed construc- tion of additional lanes to the 71 Bypass would be held prior to the next Board meeting, the City Manager recommended the Board submit a statement concerning the project. 296 297 The City Manager recommended the Board request installation of an access road from Centerbrook Subdivision to intersect with Johnson Road to provide convenient access for the subdivision residents. He also recommended the Board request that enough space be provided under the Johnson Road overpass to allow future expansion of Johnson Road to four lanes, and that a parallel access road proposed from 62 West to 18th Street on the eastside of the bypass be relocated to Razor- back Road. He also recommended that the Board officially express its support of the proposed diamond interchange for the Mount Comfort Road intersection. Director Noland, seconded by Lancaster, moved adoption of a resolution which would express the Board's endorsement of the concept of the four-lanes for the 71 Bypass as well as the general idea of the proposal with the suggestions of the City Manager . At the suggestion of Director Todd, Director Noland included tf in his motion the provision that traffic accident statistics for the Bypass be iV included with the statement. The recorded vote on the motion was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes, Orton Nays: None Orw The motion was declared passed. RESOLUTION N0. 70-76 APPEARS ON PAGE 101 OF ORDINANCE & RESOLUTION BOOK V FLETCHER STREET EXTENSION In a prepared statement to the Board, Director Purdy expressed his strong support of the Fletcher Street extension to Morningside Drive and urged that the project be allowed to proceed as planned despite recent controversy and objections concerning the project. He noted that the City had already expended funds for the purchase of right-of-way. Purdy reported that the State Highway Department might participate in two-thirds of the project cost. He moved that the City Manager contact the residents of Fletcher Avenue and the CD Committee with the objective of bringing Fletcher Avenue back to its 100 percent priority. Director Noland seconded the motion. During lengthy discussion, the Board discussed the proper sequence of events in requesting reconsideration of the project by the CD Committee. It was noted that an environmental impact study would be required by the CD Committee prior to reconsideration of the project but that the study would be conducted by the Highway Department and would not be available in the very near future. CD Administrator Charles Hoffman suggested that the Board request the CD Committee to earmark funds for the project contingent upon submission of a satisfactory environmental impact study. Purdy withdrew his original motion andDirector Hughes moved that the Board affirm previous action in stating the importance of the Fletcher Avenue project and authorize the City Manager to take necessary steps with proper authorities to see that the project proceeds. The motion was seconded by Director Purdy. Director Todd felt the residents of Fletcher Avenue should have a chance to ex- press their opinions concerning the project. Hughes withdrew his motion to move that the Board authorize the City Manager to pursue the Fletcher Street extension project. The motion was seconded by Purdy. The recorded vote was: Ayes: Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None Abstain: Orton The motion was declared passed. Mayor Orton's abstention was reflective of the fact that the residents of the street had been informed of the Board's stand concerning the extension yet had requested to be heard by the Board. She stated she felt the Board should not reaffirm that stand until after Fletcher Street residents had been heard. 297 297.1 297.2 297.3 297.4 297.5 297.6 ADJOURNMENT 298.1 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Chien) nialiatatelle Darlene Westbrook, City Clerk 298 APPROVED: Pario� Orton, Mayor