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HomeMy WebLinkAbout1977-07-19 Minutes36 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS JULY 19, 1977 The City of Fayetteville Board of Directors met in regular session on July 19, 1977, at 7:30 p.m., in the Director's Room of theCity Administration Building. PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes (absent at roll call), David Malone, Philip Colwell, and Marion Orton. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 36.1 Mayor Ernest Lancaster called the meeting to order. Following a moment of respectful silence and roll call, the Mayor asked if there be any amendments to the minutes of the July 5, 1977 meeting. 36.2 Director Todd requested paragraph 31.3 be amended to read: "Todd stated he would be more positive about (the request) if the Good Earth realty sign were not already in existence. He believed the existing sign sufficiently identifies the business and that he could not see how raising the sign would improve it Todd also requested an addition to paragraph 33.4 to read: "Director Todd said cash received should be in the budget somewhere; possibly as miscellaneous revenues." 36.3 Director Orton requested paragraph 27.3 be amended by adding: "...with an additional $44,184 allocation for cost overruns." She also noted a typographical error in paragraph 28.6. City Attorney McCord reported that Mr. Bruce Kendall should be referred to as a member of the Washington County Planning Board in para- graph 28.5, rather than as Chairman. 36.4 There being no further amendments necessary, the Mayor declared them approved as amended. (Director Hughes arrives.) ORDINANCE REZONING PROPERTY - R77-21 / North School Street / Thomas Glenn, petitioner 36.5 Attorney read for the first time an ordinance to rezone a .13 -acre on the east side of North School Street, between Center and Meadow R-1 Low Density Residential to C-1 Neighborhood Commercial as recom- Planning Commission. 36.6 Hughes, seconded by Noland, 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. 36.7 Director Hughes, seconded by Todd, 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. The City tract located Streets, from mended by the Director 36 1 1 Mr.. Glenn was present in the audience and stated that the rezoning was being requested to allow modifications to his business building to comply with federal standards and Urban Renewal guidelines. There being no further discussion nor 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. 2355 APPEARS ON PAGE 284 OF ORDINANCE & RESOLUTION BOOK V 3' 37.1 37.2 N LIBRARY CONSTRUCTION AND EXPANSION BONDS CO The Library Board of Trustees, represented by Mrs. Jack Wood, had requested 37.3 ID the Board consider an election to approve a general obligation bond millage for library construction and expansion purposes. Q In view of the fact that the Trustees had reported that the Department of 37.4 Health, Education, and Welfare (HEW) would require expensive building modifications Q to accommodate the handicapped, Noland asked if the Fayetteville library received federal funding. Mrs. Carol Wright responded by saying that the Fayetteville Public Library indirectly receives benefit of federal aid which is received directly by the Ozarks Regional Library which is located in the present City library facility. Noland questioned if Community Development funds might be applied to:a portion of the project cost. Members of the staff were not certain whether the project would qualify for CD funds but the City Attorney stated he would research the statutes to determine whether it might be eligible. Mrs. Wood reported that a $160,000 construction estimate was made in February but that the architect had not considered in detail the expense of HEW required modifications; therefore, the Board of Trustees had requested a $200,000 bond issue to allow sufficient funds to cover the HEW requirements. If the library chose to participate in federal funding, Lancaster questioned 37.5 if it would not be cheaper to pass up HEW funds rather than to make the HEW modifications. The Board then discussed the operations of the Ozarks Regional Library. Mrs. Wright informed that th'e regional library is supported by county taxes; $30,000 of which represents Fayetteville's share. Under provisions of a recently exe- cuted lease, Director Todd felt the City was not receiving an amount of rent from the regional library which allowed the City to recoup its costs. Mrs. Wright stated that the rental payments are drawn from state aid funds which are apportioned according to population of each county. Todd felt that Fayetteville was subsidizing the regional library to the benefit of all participating counties since the City was not recouping its costs in conjunction with the operation and was receiving the same benefits as the other counties. Director Orton suggested that other capital needs of the city be considered for inclusion on a ballot question. She felt the needs should be listed separately so as not to endanger passage of any one proposed millage. Director Noland moved the matter be tabled until the next Board meeting to allow study of CD funding feasibility and the possibility of including other capital needs on the ballot. Also, that the City Attorney be allowed to draft a proposed ordinance for the :. Board's consideration. Mayor Lancaster stated the,.Board would like more detailed cost estimates and detailed information regarding benefits and operations of the Ozarks Regional Library and how the costs would relate to benefits received by the City. 37 37.6 37.8 38 38.1 The Mayor asked if the motion to table, seconded by Malone, should pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. ACT.9 INDUSTRIAL BONDS - Public Hearing 38.2 In accordance with a memorandum of intent executed between the City and Hackney Brothers Body Company, the City proposed to issue $1.2 million in Act 9 industrial bonds for the purpose of constructing and equipping an industrial manufacturing plant to be leased by Hackney Brothers. The City Attorney explained recent Act 9 amendments which eliminated mandatory election requirements so long as a public hearing is held regarding the proposed bond issue. He referred to a prepared lease and agreement and a proposed trust indenture and advised that, upon his examination, both documents were in order. 38.3 Mr. Lynn Wade, local Hackney counsel, and Mr. Jim Buttrey, City bond counsel, were present to discuss the proposed bond issue. Wade advised that notice of the public hearing had been published in accordance with state statute. He advised that a serious problem arose prior to Hackney's invitation and opening of bids in that the State Commissioner of Labor had issued a determination that the Act 9 project would be a public works project and subject to statuatory provisions that the contracts be bid on a prevailing wage basis and not actual wage scales. He stated that Hackney had requested bids both on prevailing and actual wage scales and that bids including prevailing wage scales were substantially higher. Wade stated that legal counsel is exploring several alternatives but that the issue was still unclear. Bond counsel had opinioned that the project could not be con- sidered a public works project since the construction was the responsibility of the company and not that of the City. 38.4 Wade informed the Board that an official opinion had been requested of the Attorney General. He told the Board that the possibility of litigation exists if the City proceeds with the bond issue and that the City probably would be named in the suit. A similar situation and litigation resulted in Fort Smith, Wade stated, but the suit has not been brought to a legal conclusion. Since that suit has not been legally concluded, the Attorney General may decline to issue an opinion. He agreed with bond counsel that the project would not be subject to prevailing wage rates. Wade stated that the Hackney board of directors will meet on August at which time they will discuss alternatives. 38.5 In response to question from Director Orton, Mr. Buttrey assured that Hackney intended to make payments in lieu of taxes. He further assured that delivery of the bonds would not proceed until the agreement for payments had been executed. 38.6 Mayor Lancaster asked if anyone from the audience desired to comment on the proposed bond issue. Mr. Christopher Lee asked what would happen to buyers of the bonds if litigation results. Buttrey stated that the risk would be that the company would be required to pay more for the project than originally expected. The City Attorney stated that, should the prevailing wages be rules applicable in this case, the wage expenses would become a project cost and would be covered by Hackney under their lease agreement to pay for all project costs. Buttrey stated that the lease is written to specify that the lessee will be responsible for the plant construction and completion of the project regardless of the cost. In order to meet an increased project cost due to prevailing wage rates, more bonds could be issued which would result in a higher rental rate for Hackney, Buttrey stated. 38 39 Director Malone agreed that the City had a good argument in that there is no 39.1 obligation on the City's part to pay any construction costs. He felt confident about the City's -outcome in, litigation. Should the Board authorize the bonds and Hackney decide to decline the project, Buttrey stated no expenses for printing or selling the bonds would have been incurred. There being no further comments from the Board or audience, the City Attorney, 39.2 at the requst of the Mayor, read an ordinance providing for a lease agreement with Hackney Brothers. Director Malone, seconded by Hughes, moved rules be suspend- ed 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 Hughes, seconded by Colwell, moved rules be further suspended and the 39.3 (Y) ordinance placed on third and final reading. The recorded vote was: L{) Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster U Nays: None Q The motion was declared passed and the ordinance was read the third and final time. QThere being no further discussion, the Mayor asked if the ordinance should 39.4 pass. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed. ORD!INA'NCE NO. 2356 APPEARS ON PAGE 285 OF ORDINANCE & RESOLUTION BOOK V The City Attorney then read an ordinance to authorize issuance of $1.2 million of Act 9 industrial bonds. Director Malone, seconded by Hughes, moved rules be sus- pended 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 Hughes, seconded by Colwell, 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. In regard to wavier of competitive bid requirements, Buttrey stated that Act 9 provided for absence of competitive bidding on industrial projects as opposed to required competitive bidding for public projects. - 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. 2357 APPEARS ON PAGE 287 OF ORDINANCE & RESOLUTION BOOK V 1 ANNEXATION POLICY Director Todd had proposed an annexation policy which would specify what improvements must be installed in an outside -city subdivision before the Board would allow the subdivision to be annexed. 39 39.5 39.6 39.7 39.8 39.9 40 40.1 Director Todd stated he requested the item be placed on the agenda since it seems some people think the City is driving people away from the city by not annexing them; and the proposed policy would put subdivisions proposed for annexa- tion on the same basis as new subdivisions within the Growth Area that will have to meet newly adopted requirements. He said it was a matter of convenience that he requested the agenda item at this time. 40.2 Director Hughes moved the item be tabled to allow further consideration and suggestions by other Board members. He agreed that a written policy should exist but that the policy should be written as concisely as possible. Todd felt that lack of a written policy caused people to assume they would not be annexed, upon request. 40.3 The City Manager requested that each Board member submit suggestions prior to the next meeting so that his office could consolidate them. The motion to table was seconded by Colwell and the recorded vote was: Ayes: Colwell, Todd, Noland, Hughes, Malone, Lancaster Nays: Orton The motion was declared passed and the matter tabled until the August 2 meeting. POLICY REVIEW 40.4 A committee was appointed by the Mayor at the July 5 meeting to review and recommend policies which would be formally adopted and assembled for reference purposes. 40.5 Director Todd, Chairman of the committee, stated he envisioned interim reports of the committe's progress beginning with rules of order and procedure for the Board. Each director was provided with a copy of the proposed rules of order and procedure with Todd's explanation that they represented a written policy of what had been practiced in the past. The policy provided, in part, that the Mayor would not be deprived of rights and privileges of any other member of the Board by reason of being presiding officer. 40.6 Director Hughes was concerned that the order of the Board's agenda was to be determined by the City Manager. He believed that director's requests to place an item on the agenda should be accompanied by the approval of two other directors who approve the request. Todd said the committee had not considered that possi- bility but said the committee could consider it at future meetings. Todd stated that the committee agreed the City Manager should be able to call special meetings but that it was not included in the policy since the committee was unsure whether the provision would be legal. The City Attorney stated he would research the matter and advise the Board. Todd also pointed out that the proposed procedures would provide that applications to be excused from voting must be made prior to discussion and debate of an issue; and, it was intended that, if the person was to be excused from voting, he would not participate in the discussion. 40.7 The Board took no formal action following discussion. ORDINANCE REDUCING EASEMENT - Brookside East Subdivision 40.8 Jerry D. Sweetser, developer, had requested reduction to 20 feet of an easement incorrectly shown as 40 feet on the final plat of Brookside East subdivision. The City Attorney read for the fist time an ordinance to reduce the easement between lots 87 and 88 to 20 feet. 40.9 Director Hughes, seconded by Noland, 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. 40 1 41 1 N CO ORDINANCE NO. 2358 APPEARS ON PAGE 291 OF ORDINANCE & RESOLUTION BOOK V 0 RESOLUTION AUTHORIZING GRANT APPLICATION - Drake Field Terminal Director Hughes, seconded by Malone, 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. Mr. Neal Albright was present to answer questions of the Board and stated that a 20 -foot easement was the normal measurement allowed when the easement was longitudinal with the lot. There being no further comment, 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. 41.1 41.2 Q The City Attorney read a resolution authorizing the Mayor and City Clerk to 41.3 Q execute a grant application for submission to the FAA requesting their participa- tion in the funding of the Drake Field terminal building expansion. Director Hughes, seconded by Colwell, moved adoption of the resolution. The 41.4 recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion and resolution were declared passed. 1 RESOLUTION NO. 58-77 APPEARS ON PAGE 180 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION URGING FRUGAL MANAGEMENT OF WATER RESOURCES - Beaver Water District The City Attorney read a resolution urging frugal management of existing water 41.5 resources in the Beaver Water District until such time as the Beaver Lake reser- voir refills to normal operating levels. The resolution proposed limitation of generation of electricity until the reservo'r refills to normal operating levels. Director Hughes, seconded by Orton, moved adoption of the resolution. The 41.6 recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion and resolution were declared passed. RESOLUTION NO. 59-77 APPEARS ON PAGE 181 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING CONDEMNATION - Highway 265 Sewer The City Attorney read a resolution authorizing condemnation proceedings to 41.7 secure a 25 -foot sewer line easement on property lying west of Highway 265 (Cross- over Road) from Anthony DePalma. Director Hughes, seconded by Colwell, moved adop- tion of the resolution. The recorded vote was: Ayes: Colwell, Orton, Todd, Hughes, Malone, Lancaster Nays: None Abstain: Noland The motion was declared passed. RESOLUTION NO. 60-77 APPEARS ON PAGE 182 OF ORDINANCE & RESOLUTION BOOK V 41 42 ANIMAL CONTROL 42.1 In a report to the Board, the City Manager responded to recent recommendationsIII regarding the City's animal control ordinance and operations made by a United States Humane Society representative. Grimes reported that capture vehicles were being upgraded and properly identified and that use of nicotine -based tranquilizers had been discontinued in favor of rompun. He disagreed with the representative that the City's shelter facilities needed improving. Citations for violation of the ordinance are being issued by the police department. Noting that the existing ordinance was drafted in consultation with Humane Society representatives, Grimes did not see a need for amending the ordinance except, perhaps, the addition of a section which would provide for specific fine levies for violation. 42.2 Director Todd expressed concern that the City might charge such high impound- ment fees as to provide animal owners incentive to leave their animal at the shelter for the City to dispose of. He questioned if changes were planned in policies regard- ing capture of an animal on private property. Grimes stated that, normally, if a dog is lying unattended in the yard he will not be picked up unless there is a history of complaints against the dog and attempts to capture him have been unsuccessful. The City Attorney said he did not see a legal problem, as the ordinance is worded, in capturing an animal on private property. He said he had requested the City Prose- cuting Attorney to research the issue but that he saw no reason to amend the ordi- nance at this time. 42.3 Director Orton suggested that newcomers be given information concerning the leash law at the time they request water service. Mayor Lancaster felt the basic problem was owner -oriented and that the owner should be required to appear before the Municipal Judge when violations occur. IIIFIREWORKS 42.4 The City Manager reported that the new fireworks ordinance seemed to have had a successful implementation during the recent Independence Day holiday. He noted that complaints of fireworks noise were received but that only one arrest was made for violation of the ordinance. Both the Police and Fire chiefs reacted favorably to the implementation, he said, and no reports of injuries had been received. 42.5 The Board took no action. RESOLUTION APPROVING REVISED COMMUNITY DEVELOPMENT BUDGETS 42.6 The City Attorney read a resolution to approve revised CD budgets for 1976 and 1977. Grimes stated the material before the Board had been provided at the previous meeting but formal action was precluded by discussion of downtown square improvement projects. 42.7 Director Orton stated she approved of the 1977 program as developed except for the one Urban Renewal item. She felt the City was going beyond what was necessary and had approved a project without benefit of public hearing. She said the Board had no knowledge of how the project will be maintained once completed. For those reasons, she stated her intention to vote against the resolution. 42.8 Director Noland, seconded by Malone, moved adoption of the resolution. The re- corded vote was: Ayes: Colwell, Noland, Hughes, Malone, Lancaster Nays: Orton, Todd The motion and resolution were declared passed. RESOLUTION NO. 61-77 APPEARS ON PAGE 183 OF ORDINANCE & RESOLUTION BOOK V 42 1 43 RESOLUTION AUTHORIZING AGREEMENT AMENDMENT The proposed resolution, read by the City Attorney, would authorize an amend- ment to an engineering agreement made jointly with McGoodwin, Williams, and Yates and McClelland Consulting Engineers. Mr. Yates stated that the amendment would provide that the Engineer would be compensated based on salary cost times a multi- plier of 2.5 plus subcontract and direct expenses at actual cost. There being no discussion, Director Hughes, seconded by Malone, moved adoption of the resolution. The recorded vote was: Ayes: Colwell, Orton, Todd, Hughes, Malone, Lancaster Nays: Noland The motion and resolution were declared passed. ( RESOLUTION NO. 62-77 APPEARS ON PAGE 184 OF ORDINANCE & RESOLUTION BOOK V VAWARD OF BID - Bid 353 / Concrete Construction Q Purchasing Officer Sturman Mackey recommended award of bid to Jerry D. Sweet- er ser for a one-year contract expiring August 6, 1978 for concrete construction work. Mackey noted that, of nine invitations mailed to various firms, Sweetser's was the only bid received. The City Attorney read a resolution authorizing execution of the contract. The resolution was moved for adoption by Director Malone, seconded by Director Orton. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland,Hughes, Malone, Lancaster Nays: None The motion and resolution were declared passed. RESOLUTION NO. 63-77 APPEARS ON PAGE 185 OF ORDINANCE & RESOLUTION BOOK V REZONING APPEAL - R77-23 / Old Missouri Road / Neal Albright, petitioner The petitioner had requested rezoning of a 1.63 -acre tract located west of Old Missouri Road, between Rolling Hills Drive and Old Wire Road, from R-1 Low Density Residential to R-0 Residential Office. The City Attorney read for the first time an ordinance to rezone the property as requested. Director Hughes, seconded by Malone, 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. Director Hughes, seconded by Malone, 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 Mr. Albright was present to represent his request. He told the Board that trees existing on the setback strip would be left to help conceal the office building which he plans to construct. If necessary, he would plant more trees along the unextended portion of Oak Cliff Drive. He noted that members of both the Nazarene and Lutheran churches had signed petitions expressing their approval of the rezoning. He informed the Board that no residential dwellings existed on the portion of Old Missouri Road between Rolling Hills Drive and Old Wire Road, and that there were no residences within a total of one-half mile of the intersection with Old Missouri Road. He stated that his plans did not include the extension of Oak Cliff Drive. 43 43.1 43.2 43.3 43.4 43.5 43.6 43.7 44 Albright stated that he would not object to participating in construction of the Oak Cliff Drive extension. 44.1 Mrs. Mildred Vandevender, representing the Good Shepherd Lutheran Church, in- formed that the property deed restricted use of the property to professional offices or single family dwellings. Todd felt valid objections existed regarding the rezoning in that it could have an undesireable influence upon rezoning of vacant property to the east. He questioned if this rezoning would leave the property to the east vulnerable to which the City Attorney responded that, because of the peculiar deed restrictions involved in this case, the property to the east would not be vulnerable nor should zoning decisions be prejudiced because of the rezoning. 44.2 Mr. Don Pederson, Stagecoach Drive, presented the Board with a petition signed by eight residents of Stagecoach Drive who opposed the rezoning. Pederson said the opponents were not aware until July 18 that the rezoning request was being considered. He noted that many neighborhood children cross the church property on their way to school and felt the traffic associated with the professional office would endanger their safety. Mr. W. H. Vandevener, also present in support of the request, noted that traffic would have to stop at nearby stop signs and would not endanger the children's safety. Mr. Pederson also expressed concern that Oak Cliff Drive would be extended to serve the property thereby creating an additional traffic flow. Albright stated he would be glad to give assurance that Oak Cliff Drive would not be extended but that the City's street plan provided for the ex- tension. 44.3 Director Noland did not believe the property would be desirable for single-family residences. He shared the concern that the rezoning of the property might influence the rezoning of the vacant property to the east. However, he felt the City would have to rezone some of the vacant parcels within the established Illportions of the city in order to discourage growth in peripheral areas of the city. 44.4 Director Colwell disagreed that the R-0 would provide a buffer between the residential and commercial uses. He pointed out that the particular plat accompany ing the request did not show developed portions of the Butterfield and Stagecoach subdivision. He felt the rezoning would dictate commercial uses for the vacant property lying east of Old Missouri Road. Malone felt the R -O would provide a step between the street and residential section. Director Orton felt the request emphasized the need for deleting R-3 uses from the R-0 classification. 44.5 Mr. Albright stated he would be willing to issue a bill of assurance regarding the use of the property for residential office purposes but that he would like to reserve the right to place one residence on the property which is not shown in his current plan. 44.6 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Todd, Noland, Hughes, Malone, Lancaster Nays: Colwell, Orton The Mayor declared the ordinance passed. ORDINANCE NO. 2359 APPEARS ON PAGE 292 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS EMPLOYMENT OF CITY ENGINEER 44.7 The City Manager reported he had received correspondence from Mr. Donald Bunn expressing his acceptance of an offer of employment as the City Engineer. Grimes requested authorization to hire Mr. Bunn at the approved budgeted salary of 44 1 N (Y) The City Attorney called the Board's attention to the private club license 45.2 application of the New Country Lounge, 1940 North College. McCord advised the Board that the State had pre-empted the field of Alcoholic beverage control and Q licensing and, so long as the establishment complied with zoning regulations, the City had no discretion in the matter. He and the City Manager recommended the Q ordinance be amended to delete requirements that each private club application be considered for approval by the Board. The City Attorney read an ordinance to amend Section 3-113(c) of the Code 45.3 of Ordinances to delete requirement of Board approval for private club license applications. Director Hughes, seconded by Noland, moved rules be suspended and the ordi- 45.4 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 Hughes, seconded by Todd, moved rules be further suspended and the 45.4x' 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. The 45.5 recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The Mayor declared the ordinance passed Director Orton, seconded by Colwell, moved adoption of the emergency clause. 45.6 The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster 45 $19,582 with an increase to $21,500 on January 1, 1978 if "everthing works out". He informed the Board that Mr. Bunn is highly qualified for the position and that he had previously been employed by the City as the Assistant City Engineer. He believed Mr. Bunn's capabilities would enable the City to accomplish more in-house engineering. Director Todd, seconded by Orton, moved the approval of the City Manager's recommendation. The recorded vote was: Ayes: Colwell, Orton, Todd, Noland, Hughes, Malone, Lancaster Nays: None The motion was declared passed. APPROVAL OF PRIVATE CLUB LICENSE / ORDINANCE AMENDING ALCOHOLIC BEVERAGE LICENSING 45.1 Nays: None The motion was declared passed. ORDINANCE NO. 2360 APPEARS ON PAGE 293 OF ORDINANCE & RESOLUTION BOOK V (Note: Adoption of the ordinance and emergency clause eliminated the necessity 45.7 of Board approval of the application of the The New Country Lounge.) ORDINANCE AMENDING ORDINANCE 2293 The City Attorney informed the Board that Ordinance 2293 should be amended to avoid possible misinterpretation that the ordinance was intended to repeal another section of the Code. He read the ordinance the first time. 45 45.7 46.1 46.2 46.3 46 Director nance placed o Ayes: Colwell Nays: None The motion was Director the ordinance Ayes: Colwell Nays: None The motion was There bei recorded vote Ayes: Colwell Nays: None The ordinance Hughes, seconded by Malone, moved rules be suspended and the ordi- n second reading. The recorded vote was: , Orton, Todd, Noland,Hughes, Malone, Lancaster declared passed and the ordinance was read the second time. Hughes, seconded by Malone, moved rules be further suspended and placed on third and final reading. The recorded vote was: , Orton, Todd, Noland, Hughes, Malone, Lancaster declared passed and the ordinance was read the third and final time. ng no discussion, the Mayor asked if the ordinance should pass. The was: , Orton, Todd, Noland,Hughes, Malone, Lancaster was declared passed. ORDINANCE NO. 2361 APPEARS ON PAGE 294 OF ORDINANCE & RESOLUTION BOOK V MISCELLANEOUS 46.4 1. 46.5 46.6 Administrative Aide reported that the Planning Commission had declined to con- sider deletion of R-3 uses in R-0 zone classifications. 2. Director Hughes questioned constitutionality of charging extension fees to cus- tomers for sewer lines which were funded by Community Development funds. He felt the City Attorney should research the question and advise the Board. 3. Mr. Christopher Lee, present in the audience, felt the City should purchase overhead projection equipment so that members of the audience would have benefit of viewing materials available to the Board. ADJOURNMENT 46.7 There being nofurther business and upon motion by Director Orton and second by Hughes, the Mayor declared the meeting adjourned. ATTEST: of sitew Wag a/ DARLENE WESTBROOK, City Clerk 46 APPROVED: ERNEST E. LANCASTER, Mayor 1 1