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HomeMy WebLinkAbout1977-05-03 Minutes3 a MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS May 3, 1977 The Board of Directors of the City of Fayetteville met in regular session on May 3, 1977, at 7:30 p.m., in the Director's Room of the City Administration Building. LC PRESENT: City Manager Don Grimes; City Attorney Jim McCord; City Clerk Darlene Ty- Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al a Hughes, David Malone, Philip Colwell, and Marion Orton. CO 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 393.1 respectful silence and roll call, the Mayor asked if amendments to the minutes of the April 19 meeting were necessary. In reference to paragraph 390.6, Director Orton noted that septic tank 393.2 permits are issued by the State Health Department. Director Orton also noted that discussion of the Hackney Brothers manufacturing plant, appearing in paragraph 383.7, should clarify that the plant would manufacture dairy refrigerator truck bodies. Director Orton also requested that paragraph 391.2 be amended to reflect that the motion was made by Director Todd and seconded by Malone. Also, that the last sentence of that paragraph be amended to read: "The motion was also amended to state..." The City Attorney requested that paragraph 386.2 be amended to read: "McCord 393.3 reminded the Board that it had in the past denied variances sought by petitioners who were not parties to pending litigation against the city...". He also requested that paragraph 387.1 be amended to read: "...which could be adopted by reference following publication of the necessary public notice." Director Todd requested paragraph 392.1 be clarified to reflect that Industrial Park investment gains are placed into the Water and Sewer fund since that fund had financed the city's investment. There being no further amendments necessary, the Mayor declared the minutes 393.4 approved as amended. ORDINANCE REZONING PROPERTY - R77-12 / Cabinet Lane / Dr. J. C. Calabria, petitioner The petitioner had requested rezoning a 9.79 acre tract located on Cabinet 393.5 Lane near the northeast corner of the intersection of Highway 16 West and Highway 71 from R-1 Low Density Residential and C-2 Thoroughfare Commercial to R-2 Medium Density Residential and C-1 Neighborhood Commercial. 393 J 394.1 Director Noland, seconded by Malone, moved rules be suspended and the ordi- nance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the second time. 394.2 Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 394.3 Mr. Bryce Davis was present to represent the petitioner and noted that the original request was amended in favor of C-1 because opponents of the rezoning objected to retail liquor stores as a possible use under the C-2 classification. The petitioner was requesting greater depth for the C-1 classification since the acquisition of right-of-way for the 71 Bypass had resulted in considerable loss of frontage on Highway 16 West. Mr. Davis was not concerned that a frontage road might be located to connect with Cabinet Lane since all indications were that it would not be feasible to put one in that location. 394.4 A Mr. Williams, resident of Cabinet Lane and adjacent property owner, opposed the R-2 classification which would permit apartments An apartment complex would, he felt, result in increased traffic congestion and would deteriorate the neighborhood and decrease property values. 394.5 Director Hughes pointed out to Mr. Williams that it would not be economically feasible to leave the property R-1 since it is not a desirable location for single family housing. Director Todd stated he would anticipate that any large scale development plan for the parcel would be closely scrutinized, particularly in re- gard to the development's impact upon the traffic. Director Malone favored the use of property along the bypass for R-2 uses rather than stripping the bypass with commercial activity. 394.6 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2326 APPEARS ON PAGE 234 OF ORDINANCE & RESOLUTION BOOK V HOUSING REHABILITATION LOAN PROGRAM AGREEMENT 394,7 The proposed agreement between the City and local lending institutions had been discussed at the April 5, 1977 meeting and subsequently tabled to allow re- vision of the agreement and renegotiation with the institutions. The City Attorney reported that the revised agreement is agreeable with the participating institutions and is the only acceptable arrangement which they approve. 394.8 Director Hughes objected strongly to the agreement as well as the concept of a loan program in which the City would be directly involved. Rather than involving the City in the loan business, he believed the City should arrange to pay as much of the front-end cost of the loans as possible in order to persuade the institutions to administer the program. Hughes contended the institutions had not been approached regarding other acceptable methods of administering the program. He believed the loan concept should be abandoned if a satisfactory proposal could not be submitted. Noland commented that the loan program was proposed to provide assistance to those who are not eligible for outright grants and who would be able to repay a loan. 394 395 The City Manager agreed that the institutions should administer the loan pro- 395.1 gram without substantial involvement of the City..;.He suggested the matter be tabled to allow further negotiations which might result in an agreement which would make it attractive to the institutions to administer the program. The City Attorney remarked that the agreement should be for the term of the loan and not for a period of one year. Director Malone moved further consideration of the agreement be tabled and that 395.2 the City Manager or his representative be authorized to further negotiate the terms of the agreement. The motion was seconded by Director Hughes. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None ut The motion was declared passed. rt PLANNING AREA BOUNDARY At its April 19, 1977 meeting, the Board had discussed thediscrepency between 395.3 Cthe Planning Area Boundary and the 1967 Beaver Water District Service Area Boundary. Director Orton moved the Board table consideration of amending the boundary 395.4 and stated she was not prepared to give up a boundary even though it might be in error. The motion was seconded by Noland and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed. CLEAR CREEK ACRES SUBDIVISION WATER SERVICE The Board, at the April 19 meeting, had considered a request by Springdale to 395.5 serve the proposed Clear Creek Acres Subdivision from the Beaver water line. Jim Lindsey, developer, had requested the Board discuss the matter again at this meeting. Since the matter is related to the planning area boundary issue, and upon Mr. Lindsey's request, Director Noland moved the matter be tabled. The motion was seconded by Orton. During discussion, the Board concurred that rep- resentatives of the Parks and Recreation Board be informech when the matter would be discussed by the Board. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed. ORDINANCE ADOPTING FLOOD PLAIN REGULATIONS Tabled at the April 19 meeting, the o'r'dinance would adopt the latest revised federal flood plain management regulations. The City Attorney read the ordinance the first time. In response to Director Colwell, Freeman Wood of the Building Inspection Office stated he did not believe the ordinance contained regulations which ex- ceed federal requirements. Following further discussion, Director Hughes, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the second time... 395 395.6 395.7 396.1 Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 396.2 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2327 APPEARS ON PAGE 236 OF ORDINANCE & RESOLUTION BOOK V PUBLIC HEARING AND ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT 77-1 Sycamore Street 396.3 A petition had been filed with the City Clerk requesting the Board establish a street improvement district for Sycamore Street between Gregg and Leverett Avenues for a 31 -foot street. It was proposed that the City assume additional expenses for a bridge over Skull Creek, installation of a drainage flume from Leverett, and the additional expense to provide a 44 -foot pavement width. 396.4 The Mayor declared a public hearing open for the purpose of determining the sufficiency of the petition. Mr. Bob Nichol, although not in opposition to the formation of the district, was present to ask questions regarding the proposed district. Owner of a small residence on the northeast corner of Sycamore and Leverett, Mr. Nichol wasconcerned about the potential change of the character and value of his property and was concerned that increased traffic would detract from his property. The City Manager informed Mr. Nichol of the scope of the proposed improvements and noted that an additional 10 feet of right-of-way would be required. Mr. Ken Lance, speaking in behalf of Mr. Calvin Edens, told the Board that Mr. Edens wished to object to an assessment to his property located on the southeast corner of Sycamore and Leverett. The City Attorney informed Mr. Edens of the improvement district process and explained that he would have opportunity to appeal an assessment within 10 days following publication of notice that assessments had been filed. 396.5 The City Attorney informed the Board that the abstracter's certificate showed that the petition represented $84,496 of the total assessed valuation of $87,696. He then read for the first time an ordinance to establish the district. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance be placed on second reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the second time. 396.7 Director Malone, seconded by Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, %lone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 396.8 Director Orton questioned why the City was assuming the expense for installa- tion of a drainage flume. The City Manager replied that he felt it was the City's obligation to provide proper drainage since much of the drainage originated to the south and west of the district. 396 Upon completion of discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2328 APPEARS ON PAGE 246 OF ORDINANCE & RESOLUTION BOOK V 397 397.1 MASTER STREET PLAN WAIVER - Rollston Avenue Mr. T. L. Nelms, owner of Restaurant on the Corner, had requested a waiver 397.2 of the Master Street Plan building setbacks for the portion of Rollston Avenue between Dickson and Watson Streets. The City Attorney advised the matter tbe tabled since it should first be considered by the Board of Adjustment. IQ Director Orton, seconded by Noland, moved the item be tabled. The recorded 397.3 vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton PO Nays: None The motion was declared passed. SIGN APPEAL - Mount Sequoyah Assembly Mount Sequoyah Assembly, represented by Mr. Truman Yancey, appealed to the Board for a variance to allow their off-site signs located at various locations near the Assembly site. Mr. Yancey told the Board that the signs serve as direc- tional aids to the many persons who travel to Fayetteville from out of state to visit the Assembly. Director Hughes agreed that some type of directional aid should be provided and wondered whether the signs could be attached to the street sign poles. Malone commented that only governmental signs are allowed on right-of-way. Following further discussion, Malone moved that the City Manager and staff prepare a recom- mendation regarding the location of signs, specifically directional signs, in the right-of-way. The motion was seconded by Director Hughes and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed. Malone stated the spirit of his motion was to allow the existing signs to remain until the Board has received recommendations. APPLEBY ROAD IMPROVEMENT COST ESTIMATES Cost estimates for the improvement of Appleby Road, under authorization of Ordinance 2321, had been presented to the Board for consideration. The City Manager explained that, in effect, approval of the estimates would approve the project and the city would proceed with the project if property owners or resi- dents acquired the cost of materials. Director Noland favored a project which would pave a 24 -foot wide section either from College Avenue to Bishop Drive or from Biship Drive north to the curve. In response to Director Colwell, Hughes stated that no development was planned but that plans for a development might be made once the paving project had been completed. In response to the Board, the City Manager stated that Mr Wade Bishop had submitted the estimates for the Board's consideration. Director Orton indicated reluctance to undertake the project since it would not provide a through street. 397 397.4 397.5 397.6 397.7 398.1 Director Malone moved the portion from College Avenue to Bishop be approved for improvement under authority of Ordinance 2321. If the motion passed, Malone stated he would propose another motion that the portion from Bishop north to the curve be approved on a 24 -foot wide basis but not under authority of Ordi- nance 2321. During discussion, the Board questioned whether the portion from Bishop north to the curve would meet criteria of Ordinance 2321. Director Noland moved the matter be tabled until it can be determined whether the projects would meet criteria. Director Todd seconded the motion. Director Noland commented that he was concerned about the precendent of paving a street to a sub- division without providing a through street. The Mayor asked if the motion should pass. The recorded vote was: Ayes: Todd, Noland, Lancaster, Colwell, Orton Nays: Hughes, Malone The Mayor declared the motion passed. 7 ORDINANCE AUTHORIZING ABATEMENT OF PROPERTY CONDITIONS - Thirteenth Street/South School 398.2 Read the first time by the City Attorney, the proposed ordinance would authorize the City Manager to have property located at the intersection of Thirteenth Street and South School Avenue cleaned at the owner's expense. 398.3 Director Hughes, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Colwell, Orton Nays: None Absent: Malone The motion was declared passed and the ordinance was read the second time. 398.4 Director Hughes, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Lancaster, Colwell, Orton Nays: None Absent: Malone The motion was declared passed and the ordinance was read the third and final time. 398.5 Director Hughes questioned why property at North Street and College Avenue had not been cleaned as authorized by a previous ordinance. Charles Hoffman replied that the property had been cleaned. 398.6 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Malone, Lancaster, Colwell, Orton Nays: None Absent: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2329 APPEARS ON PAGE 247 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING PARTICPATION IN LITIGATION - Unemployement Compensation Act 398.7 The City had been invited by the National Institute of Municipal Law Officers to participate in litigation contesting constitutionality of application of the Unemployment Compensation Act of 1976 to state and local government, and that the City contribute $2,500 for legal expenses. During brief discussion, the Board was informed that application of the Act to local and state governments would have far-reaching financial implications. To illustrate the financial impact, the City Manager stated that Fayetteville's premium for one year would cost $100,000. The City Attorney assured that the City would not have to make retroactive payments if an adverse decision were received. Todd stated he was also concerned that employees not be deprived of benefits which they needed. 398 • The City Attorney then read the resolution authorizing the City's participa- tion in the litigation. Director Hughes, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed. RESOLUTION NO. 33-77APPEARS ON PAGE 15c' OF ORDINANCE & RESOLUTION BOOK V 399.1 ORDINANCE AMENDING WATER BILL PAYMENT DATES Because of proposed implementation of a computerized, cycle water billing 399.2 system, the Finance Department had requested amending bill payment dates to ss� reflect that the payments are due within 10 days of the billing date and that service will be disconnected if payment not received within 25 days of the billing T' date. The City Attorney read the ordinance the first time. Director Todd felt the Finance Department should be given discretion in 399.3 OM determining which delinquent customers should be discontinued service rather than the ordinance requiring that service be discontinued. The City Manager stated that the provision was a helpful tool in collection of delinquent accounts. Director T6dd moved the ordinance:be amended to read that service may be dis- continued if payment is not made within 25 days of the billing date. The motion was seconded by Director Hughes and the recorded vote was: Ayes: Todd, Noland, Hughes Nays: Malone, Lancaster, Colwell, Orton The motion was declared failed. Director Malone, seconded by Noland, moved rules be suspended and the ordinance 399.4 placed on second reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Colwell, moved rules be further suspended and the 399.5 ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, .Colwell, Orton Nays: None 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: 399.6 Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: Todd The Mayor declared the ordinance passed. Director Malone, seconded by Colwell, moved the emergency clause be adopted. 399.7 The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: Todd The motion was declared passed. ORDINANCE NO. 2330 APPEARS ON PAGE 248 OF ORDINANCE & RESOLUTION BOOK V ADDITIONAL MUNICIPAL COURT CLERK Due to significant increases in Municipal Court caseload and new accounting procedures required of the Court by State law, the Municipal Judge had requested the Board approve employment of an additional court clerk. The City Manager ex- pressed his support of the request and told the Board the salary of the additional 399 399.8 • clerk could be justified in increased collections of court fines. He said the Quorum Court would be requested to participate in the additional salary. 400.1 Lengthy discussion followed during which Board members questioned reasons for the increased case load. The Board was informed that a backlog from the last quarter of 1976, increased issuance of tickets, and increased load from the University of Arkansas were contributing factors to the increased case load. Todd believed it might be the wrong time of year to acquire additional help if the case load is due partially to University of Arkansas students. 400.2 Director Malone, seconded by Orton, moved the additional employee be approved to replace the part-time employee, contingent upon the county agreeing to pay half the salary. The motion was seconded by Orton. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Orton Nays: None Abstain: Colwell The motion was declared passed. 400.3 Considerable discussion then ensued folowing complaints by Mr. Charles Agee that the City was not providing adequate prosecution for those persons who write and pass bad checks. He believed there should be a complete evaluation of the system and believed there to be a lack of attention by the Board to the problem. 400.4 The City Attorney briefly explained the history of the operations of the Prosecuting Attorney's office and commented that the criminal process was frequently used as a collection agency. He recalled a meeting with local business- men at which the issue was discussed and it was determined that the problem of bad checks needed county -wide attention. McCord noted that steps were currently being taken to pursue the possibility of providing assistance on a county -wide basis through the County Prosecutor's Office. 400.5 Charles Williams, Municipal Judge, was present and commented that the bank- ing institutions were also beginning to take precautions when opening new checking accounts. He said many of the checks were actually insufficient as opposed to the "hot" check. 400.6 The Board explained that the City was in need of additional personnel in several departments but that the lack of sufficient city revenue sources required the Board to decide where the salary expense would best be utilized. RESOLUTION AUTHORIZING REISSUANCE OF 1966 WATER AND SEWER BONDS 400.7 The City Attorney read a resolution authorizing the reissuance of 1966 Water and Sewer bonds, currently in denominations of $100,000, for smaller denominations of $1,000 and $5,000. Director Orton, seconded by Hughes, moved adoption of the resolution. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The Mayor declared the resolution adopted. RESOLUTION NO. 34-77 APPEARS ON PAGE 151 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING REISSUANCE OF 1969 WATER AND SEWER BONDS 400.8 The City Attorney read a resoluton authorizing the reissuance of 1969 Water and Sewer bonds for smaller denominational bonds. Director Hughes, seconded by Colwell, moved the resolution beadopted. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 35-77 APPEARS ON PAGE 154 OF ORDINANCE & RESOLUTION BOOK V 400 AWARD OF BIDS Bid 349 - Street Sweeper n • The Purchasing Officer recommended award of bid to Rushing and Mason for a 13 cubic yard street sweeper in the amount of $61,900. Director Hughes, seconded by Director Orton, moved acceptance of theiecommendation. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed. Bid 352 - Small Tractor With Mower 401 401.1 1.0 The Purchasing Officer recommended award of bid for a small tractor equipped 401.2 CQ with mower to Raymo, Inc. of Fayetteville in the amount of $3,411.75. The Purchas- ing Officer stated the equipment would be used inside park grounds. Director Todd commented that two tractors with mowing equipment had been purchased at the last 00 meeting. Director Hughes, seconded by Colwell, moved the recommendation be approved. The recorded vote was: Ayes: Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: Todd The motion was declared passed. OTHER BUSINESS DRAKE ROAD The City Manager reported that the City would be required to participate in 401.3 the additional width for Drake Road to provide a 45 -foot street. He said the city would reimburse the developer in the amount of $10,188. Director. Todd was reluctant to -approve the expenditure since the street 401.4 would serve only the mobile home park and would not provide a through street. A motion by Director Hughes to table the matter died for lack of second. A motion made by Director Orton not to require the extra width also died for lack of second. Director Hughes moved that the street be required to be 44 feet. The motion was seconded by Malone and the recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell Nays: Orton The motion was declared passed. RESOLUTION REGARDING SUBDIVISION REGULATIONS Director Todd introduced a resolution that the Board of Directors request that the Fayetteville Planning Commission consider amending the City Subdivision ordi- nance in such a way that would require subdivision requirements to be the same in the Fayetteville Growth Area as within the city limits. And, second, request that the Fayetteville Planning Commission not approve further subdivisions within the Fayetteville Growth Area before the Planning Commission and the Board of Directors make a decision on proposed changes in the Growth Area subdivision re- quirements or within 45 days, whichever occurs first. The resolution was moved for adoption by Director Todd and Director Orton seconded. The recorded vote was: Ayes: Todd, Noland, Hughes , Malone, Lancaster, Colwell, Orton Nays: None The resolution was declared passed. RESOLUTION NO. 36-77 APPEARS ON PAGE 158 OF ORDINANCE & RESOLUTION BOOK V 401 401.5 401.6 ORDINANCE REZONING PROPERTY - R77-8 / Mary E. Porter, petitioner 402.1 The ordinance, left on first reading at the April 19 meeting, was read the second time by the City Attorney. Director Malone, seconded by Colwell, moved rules be suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton Nays: None The motion was declared passed and the ordinance was read the third and final time. 402.2 The City Attorney had noted that the petitioner had received a conditional use permit for construction of a church in an R-1 district on Porter Road and advised that the request for rezoning was no longer necessary. 402.3 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: None Nays: Todd, Noland, Hughes, Malone, Lancaster, Colwell, Orton The Mayor declared the ordinance failed. ADJOURN 402.4 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: arlene Westbrook, City Clerk APPROVED: Ernest E. Lancaster, Mayor 402