HomeMy WebLinkAbout1977-04-10 Minutes403
MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS
May 10, 1977
The Board of Directors of the City of Fayetteville, Arkansas, met in a special
session on May 10, 1977, at 2:45 p.m., in the Directors' Room of the City
Administration Building.
PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; Acting as
Gil Clerk, Susie Sandage; Directors Ernest Lancaster, David Malone, Paul
Noland, Marion Orton, and Phil Colwell
(n ABSENT: Directors John Todd and Al Hughes; City,Clerk Darlene Westbrook
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OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER
The meeting was called to order by Mayor Lancaster. The Mayor explained
the purpose of the meeting as being to consider an ordinance placing a moratorium
on the approval of preliminary subdivision plats for property located within the
City's designated planning area and to discuss the septic tank problems in those
areas.
City Attorney Jim McCord stated that the Board had adopted, at their regular
meeting of May 3, 1977, a resolution providing for a 45 -day moratorium on the
aforementioned property and advised that, if the Board is serious about establishing
a moratorium, they need to enact an ordinance rather than a resolution.
Director Orton stated that she, when asking the Mayor to call the meeting,
did want to make the Board's resolution into ordinance form and that she had no
intentions of discussing the septic tank problems at this time.
The reason for wanting to make the resolution into ordinance form resulted
from the City Planning Commission approval of preliminary plat plans for
Huntington Place Subdivision at their regular meeting held Monday, May 9. Since
the City Board's action of May 3 being in resolution form only, the Planning
Commission felt an obligation to approve the plat plans. The Mayor indicated
that Director Orton felt the Planning Office was possibly going to be flooded
with preliminary plat plans for subdivisions between now and July 1 due to the
State's enactment of Act 402 which will provide for more strict requirements for
septic tank and other disposal type systems in the State, and if the City expects
to be in a position to control the development in the outlying areas so far as
sanitary problems are concerned, the Board needs time to conduct a study and
is therefore recommending that an ordinance be passed or establish a moratorium.
During discussion, Director Malone recommended that the 45 -day moratorium
as stated in the resolution be changed to 60 days. This would not affect those
developers who had received approval of preliminary plat plans prior to the date
the Board adopted the ordinance.
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403.5
404.1 The developers present in the audience stated they had certain trusts in the
City and that by the City establishing the moratorium by means of an ordinance,
it would put the developer in a position to know that he would be proceeding at
his own risk after such time the Board established the moratorium. By having
the moratorium the developer wishing to develop a subdivision would wait until
the moratorium is lifted before they do much investing so far as development is
concerned -- or he may still wish to proceed at his own risk of the city's extending
services to him.
404.2 The City Planning Commission and the Washington County Planning are meeting
to study this problem and will be formulating new policies regarding the water and
sewer systems in the extra -territorial planning areas of Fayetteville.
Director Noland stated he felt Mr. Hutson and the City should get together
at their first opportunity to try to connect Mr. Hutson on City sewer. Mr. Segers,
representing Mr. Hutson, stated that his client would be happy to work every way
to cooperate.
404.3 Director Malone moved to enact an ordinance providing for a 60 -day rather
than the 45 -day moratorium. Director Noland seconded the motion. The ordinance
was then read by City Attorney Jim McCord. Mayor Lancaster moved that the Board
adopt the ordinance providingfor a 60 -day moratorium on preliminary plat plans
for subdivisions in the extra -territorial planning areas. The recorded vote was:
Ayes: Noland, Malone, Lancaster, Orton, Colwell
Nays: None
Absent: Todd, Hughes
The motion was declared passed.
404.4 Director Noland, seconded by Malone, made a motion to suspend the rules and
place the ordinance on second reading. The recorded roll call vote was:
Ayes: Malone, Lancaster, Colwell, Orton, Noland
Nays: None
Absent: Todd, Hughes
The motion was declared passed and Director Orton, seconded by Director Noland,
moved that rules be further suspended and the ordinance be placed on third and
final reading. The roll call vote was:
Ayes: Lancaster, Colwell, Orton, Noland, Malone
Nays: None
Absent: Todd, Hughes
The Mayor declared the ordinance passed.
404.5 Director Noland, seconded by Mayor Lancaster, moved that the ordinance's
emergency clause be adopted. The recorded vote was:
Ayes: Colwell, Orton, Noland, Malone, Lancaster
Nays: None
Absent: Todd, Hughes
The motion was declared passed.
ORDINANCE NO. 2331 APPEARS ON PAGE 2490F ORDINANCE & RESOLUTION BOOK V
ADJOURNMENT
404.6 There being no further business for the Board's consideration, the Mayor de-
clared the meeting adjourned.
ATTEST:
STisfe E.Farrd"age/Acting �erk
APPROVED:
54,
ERNEST E. LANCASTER, Mayor
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