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HomeMy WebLinkAbout1977-04-05 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS April 5, 1977 The Board of Directors of the City of Fayetteville met in a regular session on April 5, 1977, at 7:30 p.m. in the Director's Room of the City Administration Building. u" PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Marion Orton. gZ CZ ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked if amendments to minutes of the March 15, 1977 minutes were necessary. Director Orton requested the word "propriety" be substituted for the word "impropriety" appearing in paragraph 363.1, and that paragraph 366.3 be amended by reflecting April 5 as the proper meeting date. Orton also requested paragraph 364.7 be amended to add: "The City Attorney checked the state statute and the ordinance passed by the Board and reported that three of the members 'shall be the Mayor of the city and two members of the Board of Directors of the city selected by the Board of Directors of the city'." Director Todd requested amend- ment of paragraph 364.8 to reflect his nomination only of Directors Hughes and Orton. There being no further amendments necessary, the Mayor declared the minutes approved as amended. LEASH LAW HEARING - Ordinance 2041 Recent events involving the death of afamily pet which had been tranquilized by a City Animal Enforcement Officer had resulted in controversy regarding the leash law (Ordinance 2041). Mr. William Bret, representing Mr. and Mrs. John McGuirk,oWners of the animal involved, had requested to be heard by the Board to discuss enforcement of the ordinance. Mr. Bret addressed the Board and questioned the use of the tranquilizing darts as a safe method of capturing animals for impoundment. Bret posed two questions for consideration: When may a tranquilizing gun be used? If used, what effect will its use have? Bret outlined events involving death of the McGuirk's dog and contended that the animal's death was the result of misuse of the tranquilizer gun. He noted that the City of Dallas had adopted a policy that would allow use of the tranquilizer gun in case of immediate physical or property damage and that the 367 00S 367.1 367.2 367.3 367.4 367.5 367.6 tranquilizing gun was a replacement for conventional guns and were used only if the officer was prepared to terminate the animal's life. Little Rock, he noted, had abandoned use of the tranquilizer gun as a means of capturing animals because results were unpredictable. He contended that the type of tranquilizing drug employed by Fayetteville is extremely poisonous and is administered by unskilled and untrained personnel. Bret believed the intent of the impoundment provisions was being violated since it was intended that tranquilizing drugs or humane animal traps be used as an aid to capture rather than as an alternative to impoundment. He requested the Board review the ordinance and prepare new guidelines for enforce- ment of the impoundment provisions. 368.1 Mr. and Mrs. L. R. Kirby were present in the audience and also related events which led to the death of their neighbor's dog. Kirby claimed that the McGuirks had not received notice that their dog had been annoying sanitation crews and had been asked to confine the dog. They reported that they had never personally witnessed the dog annoying the sanitation crews and stated that the animal was quite tame. 368.2 In response to Director Malone, Mr. Bret stated he was not opposed to provisions of the ordinance requiring confinement of animals, he was, however, concerned about methods in which the ordiance was being enforced and suggested the Board set new guidelines and establish restrictions for use of tranquilizer guns. 368.3 The City Manager defended the work of the enforcement officers and pointed out that they are required to deal with thousands of animals yearly. He noted that 4,838 animals were impounded during 1976 and that a very small percent of the cases ever became an issue. He believed that use of the tranquilizer gun was Justified in cases where other methods of capture were not successful. 368.4 Comments of those present in the audience included those of Ms. Sylvia Scar- brough who criticized the ordinance for lack of provisions to protect those pet II/ owners whose pets, though securely confined, managed to escape. She also criti- cized animal shelter personnel for poor management of the shelter. Mr. William Dunn suggested the City might utilize nets in capturing animals. Mr. John Carson questioned authority of control officer to conduct "midnight raids" and for going upon private property in pursuit of animals running at large. Carson noted that the control officer's supervisor, the Sanitation Superintendent, carries a pistol and had, on one occasion, displayed the weapon in an ominous fashion. The City Manager responded to Carson's comments by explaining that enforcement officers were, when necessary, dispatched to certain neighborhoods to conduct a concentrated effort to reduce the number of animals running at large. Grimes also explained that the Sanitation Superintendent was armed to provide protection under unusual circumstances and he noted that the superintendent had had threats of physical harm. 368.5 Mrs. Jerry McGuirk believed the City should use other methods for capturing animals and suggested the use of nets, ropes, or less effective tranquilizing drugs. Mr. Robert Ellis spoke in support of the ordinance as written. He recalled that during consideration of the leash law, discussion resulted concerning authority of a control officer to go upon private property in pursuit of an animal. The con- clusion of the discussion, he recalled, was that the officer must have this authority since he would not be able to determine ownership of the animal merely because it had retreated to someone's yard. He felt the real problem was that the citizens of Fayetteville were unwilling to abide by the leash law. Ellis supported use of the tranquilizing guns but felt a different drug might be used or the dosage decreased. He requested the Board leave the ordinance intact in order to protect those who do not own dogs and those who confine their animals; also, that the Board investigate the administration of the ordinance rather than taking action to amend the ordi- nance. 368 3 (l. 1) In other comments from the audience, Mr. James Dawson claimed that the ordi- 369.1 nance was ineffective and that'more animals were running at large than before adoption of the leash law. Mrs. Eunice Rahtz and Mrs. Anita Buchey commended the city for their efforts to enforce the ordinance. Mrs. Buchey suggested the city increase impoundment fees in an attempt to discourage people from letting their animals run loose. Also in support of the leash law was Mrs. Doreen Vorsanger who reported that elderly citizens who took leisure strolls in her neighborhood felt the need to carry large sticks with which to discourage animals which are not confined. The Board also heard Mr. Glenn Tanner who told the Board that, as a former temporary employee of the City, he had witnessed the death of two animals as a re- sult of tranquilizer darts. He reported that the control officer was required by his supervisor to meet a quota of 6 captured animals per day. C1/41 The Mayor then read a memo from the City Manager addressed to the Sanitation 369.3 Superintendent which stated the policy to be applied with regard to use of the tranquilizing gun in capturing animals which are running at large. The memo read: m 369.2 "If an animal is obviously at large and the owner can be iden- tified but not located immediately, the animal is not to be tran- quilized at that time. However, the owner is to be located and a summons issued immediately for permitting the animal to run at large. If, on any day following the issuance of the. summons -,to the owner, T the animal is again found running at large and the owner cannot be immediately contacted, the use of the tranquilizer gun to capture the animal will be permitted. This will, of course, only apply in those cases where the animal control officer is unable to capture the animal by other means." Mr. Bret stated he preferred the tranquilizing guns be reserved for use 369.4 when the control officer is confronted with a rabid or vicious animal or when an animal threatens immediate physical or property damage. He felt the ordinance was too broad and that the abuses of discretion might overshadow the ordinance's intent. Mr. Kirby felt the new policy would be an effective temporary measure but that the ordinance needed to be revised to provide protection for people who do not own pets. Director Malone suggested that interested citizens submit proposed .changes to the leash law which they feel might improve the -leash law in-regdrds to the use of tranquilizing guns and administration of enforcement provisions. The proposed changes could then be reviewed by the Board for possible adoption. The Board took no action following completion of the hearing. 369.6 ORDINANCE REZONING PROPERTY - R77-5 / E. J. Ball,Petitioner / Highways 265 & 45 East The City Attorney read a proposed ordinance to rezone a 52 acre tract located 369.7 located at the northwest corner of Highway 45 East and Highway 265 from R-1 Low Density Residential to R-2 Medium Density Residential, R-0 Residential Office, and C-1 Neighborhood Commercial. Director Hughes, seconded by Noland, moved rules be suspended and the ordi- 369.8 nance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. 369.5 369 370.1 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 370.2 Mr. Jim Lindsey, representing the petitioner, presented the rezoning plan to the Board and stated that the plan was in compliance with land use plans adopted by the Board for the Highway 265 corridor. 370.3 Director Orton stated that she hoped the Planning Commission would not ex- tend the proposed boundaries for commercial use beyond the recommended four corners of the intersection. Director Malone felt the rezoning would relieve pressures for additional commercial in other locations. Director Noland expressed encourage- ment that the entire tract was rezoned under one petition. 370.4 There being no further discussion or public opposition expressed, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 23E APPEARS ON PAGE 2200F ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R77-4 / Fayetteville Housing Authority, Petitioner East Side Square 370.5 The City Attorney read a proposed ordinance which would rezone property located on the East side of the downtown square from C-3 Central Commercial to C-4 Downtown. Property involved in the petition included all or parts of lots 2, 3, and 4 of Block 30; lots 6 and 7 of Block 26; and lots 7, 8, 9, 10. 11, 12, and 13 of Block 28; all in the Original Town Plat. 370.6 Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nasy: None The motion was declared passed and the ordinance was read the second time. 370.7 Director Hughes, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 370.8 Mr. Chad Kumpe, representing Fayetteville Housing Authority, stated that the rezoning would eliminate necessity for several variance requests in conjunction with construction of proposed buildings. Director Malone preferred that the Planning Commission recommend an entire area of C-4 zoning rather than having the Board consider each rezoning on an individual basis. 370.9 Director Colwell pointed out lesser parking requirements of the C-4 zoning classification and noted that the requirements might be waived under certain circumstances. He noted that a $500 cash payment per required space in lieu of providing parking space would not be sufficient to pay for construction of one space. 370.10 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: Colwell The Mayor declared the ordinance passed. ORDINANCE NO. 2317 APPEARS ON PAGE 222 OF ORDINANCE & RESOLUTION BOOK V 379 1 APRIL- 5, 1977 371 Director Malone, seconded ,by Noland, moved that the Board request a study of the entire downtown area by the Planning Commission to determine if other properties in the area should be rezoned C-4. Director Orton stated she shared Colwell's concern and preferred that parking requirements of the C-4 zoning classification also be reviewed to determine whether the requirements are sufficient. Malone amended his motion to provide that the Planning Commission would also review the parking requirements. Noland's second to the motion stood. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 371.1 SIGN APPEAL - 2722 North College / Daniel B. Thomas, Petitioner / Good Earth Realty 14 d' The petitioner had requested a variance to allow a larger sign to be 371.2 ;Z located at the minimum setbackfrom street right-of-way. The petitioner was not 'a present to state his appeal; therefore, Director Malone moved the appeal be tabled. CZ The motion died for lack of second. Director Orton, who noted that the sign ordinance provided for larger signs at greater setbacks, moved the variance be denied. She stated she could see no reason why the petitioner could not erect a sign in compliance with the sign ordi- nance. The motion to deny the variance was seconded by Director Todd. The re- corded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the variance denied. ORDINANCE CALLING SPECIAL ELECTION - Tourist Tax 371.3 Petitions were filed with the City Clerk on March 31 requesting a referen- 371.4 dum be called for Ordinance 2310 which levies a one percent hotel, motel, and restaurant gross receipts sales tax. The City Attorney reported that the City Clerk had verified that the petitions contained 512 valid signatures and that the petitions were therefore sufficient for the Board to call an election on the matter. The City Attorney then read an ordinance setting the date of the election as May 3, 1977. Director Malone, seconded by Orton, moved rules be suspended and the ordi- 371.5 nance placed'on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Hughes, moved rules be further suspended and the 371.6 ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. Following slight discussion, the Mayor asked if the ordinance should piss. The 371.7 recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2318 APPEARS ON PAGE 223 OF ORDINANCE & RESOLUTION BOOK V 371 4 ORDINANCE AMENDING MOBILE HOME PARK ORDINANCE 372.1 A proposed ordinance had been considered at the March 15 meeting which would prescribe minimum lot dimensions for lots within mobile home parks which are intended to be sold to private individuals. During the discussion, the Board concurred that an ordinance should also be drafted which would guarantee maintenance of required recreational facilities in the event the park developer sells the lots to individual owners. 372.2 Mr. Marshall Carlisle presented the Board with an ordinance which he had drafted. The ordinance would require that the park developer place into the deed of transfer of lots a letter of restrictive covenants requiring maintenance of recreational facilities by property owners after 50 percent of the total area within the park had been sold. Director Malone felt the ordinance should provide that the restrictive covenant be in favor of the City of Fayetteville and other property owners. The Board concurred that the covenant should provide that all owners of any lot would be a party of the covenant and that the covenants would be made a part of the transfer of title prior to the sale of any lots. 372.3 Following a brief consultation between the City Attorney and Mr. Carlisle, the City Attorney read a proposed ordinance which would provide that maintenance of recreational areas and facilities shall be the responsibility to whom the mobile home park permit is issued provided, prior to sale of any lot, the owner shall cause to be included with the transfer of title of each lot a restrictive covenant that all owners be collectively responsible for maintenance and upkeep of recrea- tional areas after 50 percent or more of the total area of the mobile home park had been sold. The proposed ordinance also specified that the restrictive covenant has to be included with the transfer of title prior to sale of a lot. 372.4 Director Malone, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. 372.5 Director Hughes, seconded by Orton, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 372.6 Mayor Lancaster questioned whether streets within the mobile home park would be included as a part of the total area of the park. The Board discussed at length the fact that most streets within the parks, though constructed to city standard, remained private thoroughfares that did not require city maintenance. In order to guarantee that streets were properly maintained once lots were sold individually, it was suggested that the mobile home park ordinance might be amend- ed to require dedication to the city of mobile home park streets. It was noted, however, that at the time the mobile home park ordinance was considered, the park operators had requested the streets remain private so that they might impose their own traffic regulations or to install speed breakers. 372.7 There being no further comments, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE N0. 2319 APPEARS ON PAGE 225 OF ORDINANCE & RESOLUTION BOOK V 372 1 3 ORDINANCE AMENDING ZONING:., ORDINANCE - Mobile Home Lot Widths The City Attorney read a proposed ordinance prescribing minimum lot widths 373.1 for mobile home park lots intended for sale to individual owners. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None C1 The motion was declared passed and the ordinance was read the third and final time. Director Orton preferred that the minimum lot width be established as 60 feet 373.2 to comply with requirements of subdivision lots. She envisioned that, at some time in the future, an owner might desire to erect a permanent dwelling on a mobile home lot which he had purchased. Or, if the mobile home park should cease to exist, the lots would be of sufficient width to allow conversion to a subdivision. Mr. Carlisle stated that the purpose of the ordinance was to provide a means for lower income people to own their own lot and home. Carlisle cautioned that, by increasing lot size requirements, the cost of a lot would also be increased. It was also noted that the proposed ordinance stipulated that no single-family, two-family, or multi -family dwelling could be erected unless the structure and lot complies with all requirements of the zoning classification including the requirement that the structure would have to front a public street. There being no further discussion, the Mayor asked if the ordinance should 373.3 pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2320 APPEARS ON PAGE 226 OF ORDINANCE & RESOLUTION BOOK V TAXI SERVICE REPORT Included with the agenda was a report to the Directors from the City Manager regarding taxi services. Noting that the operators had significantly improved the operation, the report concluded that the staff did not feel the few minor problems which remain did not warrant revoking the certificate.o.f convenience issued to the Fayetteville Transportation Company. Director Noland agreed that the appearance of the taxi vehicles seemed to have improved. In regard to rates charged, the Administrative Assistant reported that he had experienced an equal amount of overcharges and undercharges and did not feel that improper rate charges were a significant problem. Director Todd believed that citizens who wish to complain about cab service should have someone to direct his comlaints to. He suggested that the city publish an annual notice, prior to renewal of the taxi permit, which would invite the public to submit any comments they might have regarding the type of service provided. Director Orton expressed hope that the city would be looking for someone who might establish better quality cab service. Director Hughes, seconded by Colwell, moved the report be accepted. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 373 373.4 373.5 373.6 RESOLUTION APPROVING AGREEMENTS - Housing Rehabilitation Loan Program 374.1 The proposed resolution would approve establishment of a loan program for Community Development program Housing Rehabilitation purposes to quali- fied borrowers, and would authorize agreements with Mcllroy, First National, and Northwest National banks under which they would serve as agents for the loans at a cost of three percent to the borrower. The CD program would pay the balance of interest charges. 374.2 Mr. Charles Hoffman, CD Administrator, reported that the banks, during the initial year, did not wish to lend their own money on which the CD program would pay the balance of interest charges. Director Hughes favored placing full responsibility of the loan process upon the lending institutions. Hoffman stated that the bankswere initially approached to assume full responsibility but declined since they felt this type of loan program involved an area of finance which experienced higher risk factors. When asked if the City could place monies in reserve as security for the loans, Hoffman stated that HUD regulations would not allow a reserve fund. Hoffman noted that the maximum loan term would be 15 years and that the City would be committed even should the CD program ceases to exist during that period. Hoffman explained that the three percent fee charged to the borrower would go into an account established for the City and would offset interest charges. Vendor services and materials would be paid for in accordance with established City procedures, he said. Changes to the agreements which Hoffman felt were necessary were the provision for a representative of Fayetteville Savings and Loan Association to serve on the Steering Committee and to provide for availability of legal counsel. 374.3 The City Manager stated he had hoped the lending institutions would assume complete charge of the loan program with establishment of a City escrow fund to provide loan security until the program's success could be analyzed. Malone felt the institutions should be contacted for purposes of renegotiating the agree- ment. Director Hughes preferred that the City Attorney provide legal counsel for the Steering Committee. Hoffman also requested that a section be added to the agreement to provide for annual execution and review of the agreements. 374.4 Following discussion, Director Todd moved adoption of the resolution. The motion died for lack of second. Director Malone, seconded by Orton moved the resolution be tabled until the April 19 meeting to allow further consideration and negotiation. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. FIRE STATION LOCATION - Eastern Fayetteville 374.5 Director Todd had requested the Board consider selection of a site for construc- tion of a temporary fire station to serve the eastern portion of the city. In order to provide service to all of the eastern portion without building two stations or without allowing any one area to be lacking sufficient fire protection, the City Manager and Fire Chief had recommended the construction of a fire station on Highway 265 midway between Highways 45 and 16 East. The recommendation also in- cluded that the structure be designed so as to allow its conversion at a later date into a private residence which the city could sell and regain a portion of the original investment. The recommendation had been discussed at an October, 1976 meeting but failed to receive majority approval of the Board. The City Manager stated that the recommendation remained unchanged. 374 375 Director Hughes believed that a temporary facility would probably become 375.1 permanent and felt the proposed site would not be of benefit except to the Hyland Park Subdivision. He mentioned that the public schools had offered to donate land for the facility if it were located near the proposed site of a new school on 45 East. Fire Chief Charles McWhorter noted that a portion of the Mount Sequoyah 375.2 area, which currently lies outside any four -minute response area, could be served by the station at the proposed site. He also clarified that the school system had not indicated which parcel they would be willing to donate. McWhorter cited lack of sufficient funds to construct and equip two stations and that the recommended facility would provide service for the Highway 45 East area as well as the Highway 16 East area. Mr. Bill Schwabb, representing the Sequoyah Woods Homeowner's Association, 375.3 expressed the Association's favor of the proposed station which would serve T' a fast growing and potentially higher valued subdivision as well as a proposed school facility. Mr. Morris Collier favored the location of a permanent station on Highway 375.4 CO 16 East and noted that residents of the 16 East area had been promised several years ago that a station would be located in that area. He felt the investment of taxpayer's money in a temporary facility would be unwise. Mr. Elvie Heiney, Baldwin, also favored a Highway 16 East location and agreed with Collier that a permanent, not temporary, structure should be erected at a site which would either serve the Highway 45 East area or the Highway 16 East area. Mr. Roy Clinton and Mr. Jack Ray both supported the City Manager's recommen- 375.5 dation as the best method in which to serve both areas. The City Manager clarified that, even though the insurance rating bureau had stated the need for the addi- tional station to serve eastern Fayetteville, the city's growth pattern in the eastern areas had not yet developed. Director Colwell noted that Mr. Jim Lindsey, owner of property near the proposed site, notified him that he did not object to the location of a fire station at the site. Director Orton suggested that the administrative staff might pursue a suggestion that firemen living in the Highway 16 East area might be equipped to provide supplementary fire protection. Director Colwell, seconded by Orton, moved to proceed to locate the station 375.6 on Highway 265 across from Hyland Park Subdivision as recommended. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Malone, Lancaster Nays: Hughes The motion was declared passed. RESOLUTION COMMENDING RETIRING FIRE CHIEF The City Attorney read a resolution commending retiring Fire Chief Charles 375.7 McWhorter for his contributions and service to the Fayetteville Fire Department for 24 years. Director Orton, seconded by Malone, moved adoption of the resolu- tion. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. RESOLUTION NO. 24-77 APPEARS ON PAGE 138 OF ORDINANCE & RESOLUTION BOOK V 375 ORDINANCE ESTABLISHING POLICIES FOR PAVING OF UNPAVED STREETS 376.1 Director Hughes reported that the Street Committee had not met as planned since the proposed ordinance seemed clear in its provisions. The proposed ordinance, read the first time by the City Attorney, would establish policies for the paving of unpaved city streets. 376.2 Director Orton felt the ordina a should stipulate that developers would add additional improvements as uni roved land is developed. Director Orton, seconded by Hughes, moved the ordi nce be amended to provide that, when a subdivision or large scale development adjace t to a street improved according to ordinance, it is intended that the develope will bring his side of the street to full city street standards including provislion of proper right-of-way. The recorded vote was: Ayes: Colwell, Orton, Todd, No1ad, Hughes, Malone, Lancaster Nays: None The motion was declared passed. \, 376.3 In response to Director Malone, the City Manager believed the policy would apply to Juneway Terrace when that street becomes a through street. Grimes stated that the city had recently acquired a parcel of property which would allow the opening of the street. Director Orton cautioned that the original intent was that the ordinance would apply to unpaved streets currently existing in undeveloped areas. 376.4 Director Todd moved the ordinance be amended to provide that any labor not already employed or equipment not already owned by the city will be paid entirely by the property owners; that the allocation and financing of property owner's cost would be completely independent of the city; and that city participation in the street projects undertaken under provisions of the oridnance would not interfere with normal construction and/or maintenance operations of the city street department as contained in the city budget. The motion was seconded by Director Malone and the recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 376.5 Following further discussion, Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. 376.6 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 376.7 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2321 APPEARS ON PAGE 227 OF ORDINANCE & RESOLUTION BOOK V OFF-STREET PARKING IMPROVEMENT DISTRICT ONE - Appointment of Board of Assessment 376.8 Mr. Rick Osborne and Mr. Chad Kumpe were present to report to the Board the status of the Off Street Parking Improvement District One. 376 14 Kumpe informed that the district was in the process of acquiring eight parcels of property, three of which are currently used as parking lots, with which to provide 178 new parking spaces. Expected expenses of the district were reported to be: Land Acquisition Demolition First Year Interest Appraisals, Assessors Administrative Paving $316,750 10,000 30,000 37,000 25,000 31,250 TOTAL $450,000 CU p7 377.1 et The City Attorney read a resolution to appoint a Board of Assessment to con- 377.2 sist of Chad Kumpe, Keith Schultz, and Carl Collier. Director Hughes, seconded by DO Malone, moved adoption of the resolution. The recorded vote was: Ayes: Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None Abstain: Colwell Director Colwell stated he abstained from voting hecause he has family interests in two of the:Wce 1` considered fbr.purchase by the district. The Mayor declared the resolution passed. RESOLUTION NO. 25-77 APPEARS ON PAGE 139 OF ORDINANCE & RESOLUTION BOOK V ENERGY CONSERVATION Director Orton noted that the Board had adopted Resolution 12-77 concerning 377.3 energy conservation for the city. Since energy conservation is a current issue, she felt the city should emphasize what the city is doing to conserve energy and should also receive suggestions from citizens and citizen committees regarding energy conservation measures. She moved the Board conduct a public meeting on April 26, 7:30 p.m., at a 377.4 location to be announced, for the purpose of discussing with the public the energy problems and for receiving citizen input. Director Todd seconded the motion. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. SEWER IMPROVEMENT DISTRICT 75-1 - Dissolution The Board of Commissioners of Fayetteville Sewer Improvement District 75-1 377.5 had requested the Board to dissolve the district. The City Attorney read an ordi- nance to dissolve the district. Director Orton, seconded by Colwell, moved rules be suspended and the ordi- 377.6 nance read the second time. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the!motion passed and the ordinance was read the second time. Director Colwell, seconded by Malone, moved rules be further suspended and 377.7 the ordinance read the third and final time. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 377 378.1 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2322 APPEARS ON PAGE 229 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING ZONING ORDINANCE - Conditional Use Permits 378.2 The City Attorney read an ordinance providing that no application for a conditional use permit will be considered by the Planning Commission within twelve months following denial. 378.3 Director Orton, seconded by Colwell, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. 378.4 Director Colwell, seconded by Lancaster, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance read the third and final time. 378.5 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2323 APPEARS ON PAGE 230 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE PRESCRIBING NEW EXPIRATION DATES FOR CITIZENS COMMITTEES 378.6 The Board Nominating Committee had recommended the establishment of new expiration dates for citizen committee memberships in an effort to avoid necessity for making numerous appointments at any one time. The City Attorney read a proposed ordinance to specifiy the following membership expiration dates: Board of Adjustment Board of Housing and Construction Appeals Electrical Licensing Board Fayetteville Housing Authority Library Board of Trustees Municipal Parking Authority Pollution Control Committee April 1 April 1 October 1 July 1 April 1 April 1 October 1 378.7 Director Malone, seconded by Hughes, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the second time. 378.8 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance read the third and final time. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed and the ordinance was read the third and final time. 378 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORDINANCE N0. 2324 APPEARS ON PAGE 231 OF ORDINANCE & RESOLUTION BOOK V 379 379.1 ORDINANCE AMENDING ELECTRICAL LICENSING BOARD MEMBERSHIP PROVISIONS The ordinance, read by the City Attorney, would provide that membership of 379.2 the Electrical Licensing Board would consistof one master electrician' and three persons who are at least journeyman electricians. The amendment would provide SQ the Board with more flexibility when making appointments to the body. CI' Director Todd, seconded by Noland, moved the rules be suspended and the 379.3 ordinance placed on second reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster CO Nays: None The motion was declared passed and the ordinance was read the second time. Director Todd, seconded by Noland, moved rules be further suspended and the 379.4 ordinance placed on third and final reading. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster 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. 379.5 ' The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The ordinance was declared passed. ORDINANCE NO. 2325 APPEARS ON PAGE 232 OF ORDINANCE & RESOLUTION BOOK V APPOINTMENTS TO BOARDS AND COMMITTEES BOARD OF HOUSING AND CONSTRUCTION APPEAL - Director Todd', seconded by Hughes, moved that Robert C. Ellis be appointed to fill the term of Kenneth Ball which expires April 1, 1978. There being no additional nominations, the Mayor asked if the motion should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 379.6 CIVIL SERVICE COMMISSION Director Todd reported that the Nominating Committee recommended the appoint- 379.7 ment of Ginger Parker of Walter Losey to a term on the Civil Service Commission to expire April 1, 1983. The Board proceeded to vote for the nominee of their choice. The recorded vote was: Ginger Parker: Orton, Todd, Noland, Malone Walter Losey: Colwell, Hughes, Lancaster Ms. Parker was declared the appointee 379 ELECTRICAL LICENSING BOARD 380.1 Director Todd moved that John Lindsay be appointed to a 17 -month term expiring November 1, 1978; that Tom Campbell be appointed to a term expiring October 1, 1979; that Delano Cotton be appointed as alternate to expire November 1, 1978; and that Bert Rakes be appointed as an alternate to expire October 1, 1979. It was noted that the terms would be for slightly longer periods to compensate for the newly adopted ordinance regarding new expiration dates. Director Orton noted that two nominees were employed by the same electrical company and Director Todd replied that one was nominated as an alternate. There being no further nominations, Director Noland seconded the motion and the recorded vote was: Ayes: Colwell, Todd, Noland, Hughes, Malone, Lancaster Nays: Orton The motion was declared passed. INDUSTRIAL PARK COMMITTEE 380.2 Director Todd, seconded by Hughes, moved nomination of Bill McLeod to fill an unexpired term ending April 1, 1978; and of Don Trumbo and Bruce Armstrong for terms expiring April 1, 1982. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. MUNICIPAL PARKING AUTHORITY 380.3 Director Todd reported the nomination of W. C. Morton for a term to expire April 1, 1982 and of Bill Conrad for a term to expire April I, 1979. Director Orton nominated Ellen Halpern for a term to expire April 1, 1979. The Mayor asked if the nomination of Morton, moved by Todd and seconded by Hughes, should be accepted. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. 380.4 The Mayor then requested a vote for the remaining nominees. The recorded vote was: Ms. Halpern: Orton, Todd, Malone Mr. Conrad: Colwell, Noland, Hughes, Lancaster The Mayor declared Mr. Conrad as the appointee. POLLUTION CONTROL AND ENERGY COMMISSION 380.5 Director Todd, seconded by Hughes, moved nomination of Kenneth Pummill to fill the unexpired term of William Smiley expiring October 1, 1979. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. NOMINATING COMMITTEE POLICIES AND PROCEDURES 380.6 Director Todd introduced proposed Board Nominating Committee policies and pro- cedures for Board approval. Director Orton noted that an objective outlined within the proposed policies was that a broad cross section of qualified individuals for service on the appointed bodies would be provided and she questioned whether that would include females as well as males. Director Todd indicated that the 380 policies were applicable regardless of sex. He noted that the Nominating Committee had not considered whether appointments to Board committees should follow the same procedures since they felt that was a Board decision. Director Malone, seconded by Orton, moved the policies be adopted with the addition of statement of criteria to be used in the selection of appointees for various boards and commissions. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. RESOLUTION AUTHORIZING PROPERTY CONDEMNATION- Gregg, North, and Garland Streets 38i 381.1 N The City Attorney read a resolution to authorize condemnation proceedings 381.2 d' for acquisition of right-of-way for the Gregg Avenue and for the North Street/ Q Garland Street improvement projects. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: CZ Ayes: Colwell, Orton, Todd., Noland, Hughes, Malone, Lancaster Nays: None The motion Was declared passed. RESOLUTION NO. 26-77 APPEARS ON PAGE 140 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY - North Street The City Attorney read a resolution authorizing the sale of 3,214 square feet of city owned property south of North Street and West of Lindell Street to Sterling P. and Kay Z. Anders at a purchase price of $1,225.00 The City Attorney informed the Board that the property was a portion of a parcel purchased by the city for the North Street extension project and that the unused portion was not practical for sale to anyone but the abutting property owners. Director Hughes, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. RESOLUTION NO. 27-77 APPEARS ON PAGE 141 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS JOINT MEETING WITH AIRPORT STUDY COMMITTEE The City Manager reported that the Airport Study Committee wished to meet jointly with the Fayetteville City Board and the Springdale City Council on April 18, 1977 at a location to be announced at a later date. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT OPTION The City Attorney reported that Mr. Gordon Cummings had filed litigation alleging that the City's proposed execution of an option to renew the current sanitarylandfill contract with Sunray Sanitation would be illegal; also, that Cummings had requested a temporary injunction to restrain the execution of the option.andia hearing on the petition ?or the temporary injunction was -scheduled for April 7. He then read a resolution tp;AutbQfliecg5eCVdtiQQaby the City Manager, 381 381.3 381.4 381.5 381.6 382.1 of the contract option to renew the contract for a one year period and that the authorization be effective after April 7, 1977. Director Hughes, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland,Hughes, Malone, Lancaster Nays: None The motion was declared passed. RESOLUTION NO. 28-77 APPEARS ON PAGE 142 OF ORDINANCE & RESOLUTION BOOK V 382.2 The Board discussed the need for facilities at which Fayetteville citizens could dump brush and items not picked up by city sanitation crews. Director Orton recalled that the owner of Sunray landfill had assured he would provide such a facility for the Fayetteville citizens. Director Malone suggested the city staff contact the operator of the landfill and request that he work towards providing the facilities. RESOLUTION AUTHORIZING GRANTING OF EASEMENT - Southwestern Electric Power Company 382.3 The City Attorney read a resolution to grant an easement to SWEPCO to allow the installation of a transformer pad to be located west of the alley abutting the eastern side of the parking lot west of Block Street between Mountain and Center Streets. Director Noland, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. RESOLUTION NO. 29-77 APPEARS ON PAGE 143 OF ORDINANCE & RESOLUTION BOOK V ELECTION COSTS 382.4 Director Hughes inquired as to the source of funds to pay for the tourist tax election costs which he estimated would be about $2,500. The City Manager stated that an election expense item was not budgeted for 1977 but that the funds would come from the General Fund. Hughes felt the public should realize where the funds would come from and felt the Finance Committee should review the budget. MISCELLANEOUS 382.5 Mr. Jerry Rephan questioned expenditure of funds to purchase right-of-way for additional street projects when the city needs funds to provide enforcement personnel for Highway 71 Bypass and for Highway 265. The City Manager stated that three additional patrolmen would be hired shortly due to receipt of a grant. ADJOURNMENT INTO EXECUTIVE SESSION 382.6 Director Malone requested that the Board be adjourned into executive session to discuss a personnel matter. The Board concurred and the Mayor adjourned the meeting. APPROVED: Y"{Gwe ERNEST E. LANCASTER, Mayor ATTEST.d DARLENE WESTBROOK, City Clerk 382