HomeMy WebLinkAbout1977-11-01 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
November 1, 1977
The Fayetteville City Board of Directors met in regular session on November 1,
1977, at 7:30 p.m., in the Board Room of the City Administration Building.
PRESENT: City Attorney Jim McCord, City Clerk Darlene Westbrook, Administrative
Aide David McWethy; and Directors Ernest Lancaster, John Todd, Paul
Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry.
ABSENT: City Manager Don Grimes
CO
CALL TO ORDER
QMayor Ernest Lancaster called the meeting to order. Following a moment of
respectful silence and roll call, the Mayorcalled for consideration of the first
Q item of business.
f
1
113
FAYETTEVILLE HUMANE SOCIETY
Representatives of the Fayetteville Humane Society had requested an oppor-
tunity to discuss with the Board certain problems relating to the animal shelter
and the animal control program.
Mr. and Mrs. F. A. Greenwood were present to discuss overcrowded conditions
of the animal shelter and the growing inadequacy of the present facilities to
properly accommodate increasing numbers of animals. Greenwood reported that the
local Society is currently investigating possibility of receiving federal funding
which would finance an expansion -- at no cost to the city -- of the existing
shelter facility. He emphasized that the expansion would not require any land
acquisition. He indicated that a major problem with -a proposed expansion at
the site would be the improvement of drainage facilities. Greenwood said that
plans for the expansion, estimated to cost $40,000, would be provided by University
of Arkansas architect students.
Following discussion of the expansion project, Director Malone moved the
Humane Society be given authority to seek federal funding for the expansion of
the animal shelter facilities. The motion was seconded by Director Hughes and
the recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed.
Mr. Greenwood then proposed to the Board that the City redirect the animal
control program to issue citations to animal owners rather than to capture animals
who are allowed to violate the ordinance. Greenwood felt a citation program would
greatly ease the burden of the animal shelter as well as improve enforcement of
the ordinance.Sanitation Superintendent Wally Brt informed that a citation pro-
gram would require a larger force. The enforcement officers would also be limited
in that owners could not always be available to receive a citation; nor would an
animal always retreat to its home where the owner could be found. Brt informed
the Board that owners would generally prefer to appear before the municipal judge
since the fine, in most cases, would be smaller than the shelter fees.
113
113.1
113.2
113.3
113.4
113.5
111
114.1 Members of the Board felt the existing ordinance was adequate and should
continue to provide for both a capture and/or citation process in enforcing the
ordinance. Greenwood felt that stiffer fines could be levied by the Municipal
Court and, at the Board's suggestion , felt the Humane Society should request
a meeting with the Municipal Judge to discuss the levy of fines.
114.2 Upon completion of discussion, the Board took no action regarding enforce-
ment of the animal control ordinance. Director Henry commended the Society for
doing an excellent job with the limited funds available to them.
OFF-STREET PARKING DEVELOPMENT DISTRICT ONE
APPEAL OF ASSESSMENT - Herbert Hatfield
114.3 The City Attorney briefed the Board as to the history of the district, including
the recent filing of assessments of benefits. McCord reported that Mr. Herbert
Hatfield had appealed the assessment against his property. After explaining the
appeal procedure, the City Attorney advised that the Board should hear the appeal
before adopting an ordinance to establish the assessments.
114.4 Mr. Hatfield was present to represent his appeal. He told the Board he
felt the assessment against his property was too high since he provides 150 parking
spaces for his customers. He requested the Board lower the assessment from $25,000
to $12,000. The City Attorney noted that the assessments would be payable over a
20 -year period with five percent of the total assessment being due each year.
Although collections could not exceed the cost of the improvements, McCord said early
retirement of bonds is possible at which time assessments would cease.
114.5 Attorneys Walter Niblock and Rick Osborne were present to represent the
parking district. Niblock noted that the law requires an appellant to prove
to the Board of Directors that the assessment of benefits to his property is
improper. The City Attorney advised the Board that the Supreme Court had ruled
that in appeals with non -judicial bodies, it is not sufficient to attempt to es-
tablish proof by use of general statements; rather, that concrete evidence must be
presented.
114.6 Discussion then turned to methods of assessing the properties within the district.
Rick Osborne informed the Board how the Assessors determined the assessment of benefits
for each parcel and stated that the Assessors did take into prime consideration each
parcel's existing parking. Osborne assured the Board that Hatfield's assess-
ment was in line with the other properties.
114.7 Director Malone did not feel that the Board had been presented with sufficient
evidence by Hatfield that his assessment is unfair. Director Henry, who stated
that she would not have sufficient knowlege to adjust the assessment, moved the
appeal be denied. The motion was seconded by Malone and the recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed.
ORDINANCE LEVYING ASSESSMENTS
114.8 The City Attorney read an ordinance levying the assessments for Off -Street
Parking Development District Number One. Director Hughes, seconded by Colwell,
moved rules be suspended and the ordinance placed on second reading. The recorded
vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Abstain: Malone
The motion was declared passed and the ordinacne was read the second time.
114
1
N
CO ORDINANCE NO. 2389 APPEARS ON PAGE 330 OF ORDINANCE & RESOLUTION BOOK V
LO U REQUEST TO PLEDGE PARKING METER REVENUES
The City Attorney reported that the Off -Street Parking Improvement District 115.3
had requested the City adopt an ordinance which would pledge revenues of the off-street
parking meters to pay bonds of the district. Osborne stated the actual cost of
the parking district would be approximately $750,000 and that the pledge of the
off-street parking revenues would help lighten the burden of property owners within
the district. Melton stated that the six lots referred to in the proposed ordinance
had been, or were being, acquired by the business community. In reply to Director
Todd's statement that the lots were losing money, Melton stated that the losses
were preimarily due to lack of enforcement. Melton urged the City to commit itself
to enforcement of the parking lots in order to help ensure success of the district
and the renovated downtown square.
Mayor Lancaster was not eager to consider the matter since the issue had not 115.4
been raised until a few days prior to the meeting and before the Directors could
sufficiently study the proposal. Melton stated that the district was trying to
"help the City get out of the parking business." Melton acknowledged that the
district would have to assume some of the maintenance responsibilities of the lots
but that only the Police Department could issue the parking tickets. He felt the
City should have a full-time meter enforcement officer which he expected would be
paid from revenues derived from the parking meters.
Rather than consider adoption of an ordinance, the Mayor preferred to appoint 115.5
a committee of Directors Malone, Todd, and Henry to study the proposal and to
advise the Board of their recommendation.
115
Director Hughes, seconded by Noland, moved rules be further suspended and
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Abstain: Malone
The motion was declared passed and the ordinance was read the third and final time.
There being no further discussion, the Mayor asked if the ordinance should
pass. The recorded vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Abstain: Malone
The Mayor declared the ordinance passed.
115.1
115.2
SIDEWALK REQUIREMENT WAIVER REQUEST - Hyland Park, Phase IV and V
Mr. Jini Lindsey, developer of Hyland Park, requested a waiver of sidewalk re- 115.6
quirements for Phases IV and V of Hyland Park because of steep terrain which would
make sidewalks impractical or impossible. Lindsey stated that other phases of the
development had provided common property for pathways behind lots but that he was
still under bond for sidewalk installation in Phases I and III. Lindsey stated he
would be willing to install sidewalks where terrain makes them practical and
possible, but that he would prefer to have an option of making other provisions
in areas of steeper terrain.
Rather than take action to waive the requirements, Director Malone preferred 115.7
that Lindsey consult the Planning Commisssion for the purpose of formulating an
overall.pl•an-fo w providing pedestrian walkways. The Board took no formal action.
115
116
ORDINANCE REZONING PROPERTY - R77-38 / Highway 265 / John D. and Judy Andre, petitioners
116.1 Petitioners John D. and Judy Andre had requested rezoning for a 1.5 acre
tract, located on the west side of Highway 265 approximately 800 feet south of
Highway 45 East, from R-1 Low Density Residential to C-1 Neighborhood Commercial.
The City Attorney read an ordinance the first time to rezone the property as re-
quested and as approved by the Planning Commission.
116.2 Director Hughes, seconded by Noland, moved rules be suspended and the ordi-
nance placed on second reading. The recorded vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Absent at roll call: Malone
116.3 Director Hughes, seconded by Noland, moved rules be further suspended and the
ordinance placed on third and final reading. The recorded vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Absent at roll call: Malone
The motion was declared passed and the ordinance was read the third and final time.
116.4 There being no discussion, the Mayor asked if the ordinance should pass. The
recorded vote was:
Ayes: Hughes, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
Absent at roll call: Malone
The Mayor declared the ordinance passed.
ORDINANCE NO. 2390 APPEARS ON PAGE 331 OF ORDINANCE & RESOLUTION BOOK V
ORDINANCE REZONING PROPERTY - R77-42 / Dockery Lane / Johnny and Barbara Dockery
116.5 Petitioners Johnny and Barbara Dockery had requested rezoning of a .55
parcel on the east side of Dockery Lane from R-1 Low Density Residential to
R-2 Medium Density Residential. The City Attorney read an ordinance the first time
to rezone the property as requested and as recommended by the Planning Commisssion.
116.6 Director Hughes, seconded by Henry, moved rules be suspended and the ordi-
nance read the second time. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the second time.
116.7 Director Hughes, seconded by Henry, moved rules be further suspended and the
ordinance placed on third and final reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordiance was read the third and final time.
116.8 During discussion, Mr. Dockery told the Board that Dockery Lane was not a
dedicated public street and that it had been annexed approximately 10 years ago.
Director Colwell noted that five residences are currently served by the lane
and questioned what the City could do if street maintenance was not satisfactory.
The City Attorney advised that Dockery's development would not classify as a large
scale development and that no street improvements would be required.
116.9 Mr. Dockery stated the quadplex would be connected to public sewer but that
he felt his estimated share of the expense ($2,800) was excessive. The Ad-
ministrative Aide noted that the City Engineer had recommended extending sewer
on Dockery Lane at an estimated $4,400, most of which would be returned through
extension and tap fees.
116
117
Following discussion, the Mayor asked if the ol•dinance should pass. The 117.1
recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the ordinance passed.
ORDINACNE NO. 2391 APPEARS ON PAGE 332 OF ORDINANCE & RESOLUTION BOOK V
ORDINANCE REZONING PROPERTY - R77-40 / Highway 62 West / Fulbright Invesment
Fulbright Investment Company,petitioner in behalf of Ayers Furniture, had 117.2
requested rezoning i 15.8 acres on the south side of Highway 62 West at Razorback
Road from I-1 Heavy Commercial and Light Industrial and R-2 Medium Density Resi-
n dential to I-2 General Industrial. The Planning Commission had recommended the
LO 10 acres north of the railroad tracks be rezoned I-2 and that five acres south
U of the tracks be rezoned R-0. The City Attorney read an ordinance to rezone the
Q property in accordance with the Planning Commission recommendation.
Director Hughes, seconded by Colwell, moved rules be suspended and the ord- 117.3
Q nance placed on second reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
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 117.4
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the third and final time.
Attorney Lynn Wade was present to represent Fulbright Investment and Ayers 117.5
Furniture. Wade stated that a bill of assurance had been executed assuring that
the property would be made more presentable. He said a favorable action from
the Board would allow Ayers Furniture, leasee, to construct a dry kiln on the
property provided a favorable action was also received from the Building Board
of Adjustment for setback variances. He said the nature of the plant's machinery
required an I-2 classification.
Mr. Don Caton, executive vice-president of Ayers Furniture, informed the 117.6
Board that no extensive expansions were planned for the site, that the rezoning
was requested to allow installation of a kiln. Caton stated that an on-site
kiln would alleviate procurement of kiln -dried materials from Fort Smith.
Director Todd was not sure an R-0 classification to the south would allow the
best use of the land. Caton stated that the area was proposed for parking space.
Upon completion of discussion, the Mayor asked if the ordinance should pass. 117.7
The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the ordinance passed.
f
ORDINANCE NO. 2392 APPEARS ON PAGE 333 OF ORDINANCE & RESOLUTION BOOK V
ORDINANCE REZONING PROPERTY - R77-41 / Highway 71 Bypass / Dr. J. C. Calabria
Dr. J. C. Calabria, petitioner, had requested rezoning an 8 -acre tract,
west of Highway 71; 1,000 south of Highway 16 West; from C-2 Thoroughfare
Commercial to R-3 High Density Residential. The City Attorney read an ordinance
to rezone the parcel R-2 as recommended by the Planning Commission.
117
117.8
118
118.1 Director Hughes, seconded by Colwell, moved rules be suspended and the
ordinance placed on second reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the second time.
118.2 Director Malone, seconded by Todd, moved rules be further suspended and
the ordinance placed on third and final reading. The recorded vote was:
• Ayes: Hughes, tlalone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the third and final time.
118.3 During discussion, the Board considered provision of sewer service which would
adequately serve the R-3 classification. The Administrative Aide assured the
Board that the City Engineer had determined that the existing sewer line serving
nearby Maple Manor Apartments is a public sewer which could serve Calabria's
development. The Board acknowledged that the line had previously been considered
a private line which had been installed by Maple Manor developers for that
development. Mr. Dan Thomas, representing the petitioner, stated he had spoken
with Maple Manor representatives who had told him the sewer easement was given to
the city and was accessible for public use. Thomas said he was also told the
line was designed to serve a development three times larger than Maple Manor.
The Board discussed the possibility that the existing lift station might be
inadequate to accommodate the additional flow. Director Malone believed the
City could require an additional lift station as an off-site improvement in
conjunction with the development.
118.4 Upon completion of discussion, the Mayor asked if the ordinance should pass.
The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the oridnanc a passed.
ORDINANCE NO. 2393 APPEARS ON PAGE 336 OF ORDINANCE & RESOLUTION BOOK V
ORDINANCE LEVYING REAL AND PERSONAL PROPERTY TAX
118.5 The City Attorney read an ordinance to levy 1977 real and personal property
tax as follows:
General
Fire Pension
Police Pension
118.6 Director Malone, seconded by Noland, moved rules be suspended and the ordi-
nance placed on second reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the second time.
118.7 Director Malone, seconded by Noland, moved rules be further suspended and
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed and the ordinance was read the third and final time.
118
1
1
119
There being no discussion, the Mayor asked if the ordinance should pass.
The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the ordinance passed.
ORDINANCE NO. 2394 APPEARS ON PAGE 337 OF ORDINANCE & RESOLUTION BOOK V
RESOLUTION AUTHORIZING CONDEMNATION
The City Attorney informed that Carlos and Ivan Hill had not accepted a
City offer to purchase their property for$47,000. The property acquisition
(U would be required for the construction of the Continuing Education Center.
(Y) He also informed the Board that, because. he .has a lease -hold interest
in the property and might benefit from any settlement which might be awarded
U by a jury, he felt obligated to decline from serving as the City's legal
Q counsel in the case.
The City Attorney read the resolution to authorize condemantion proceed-
ings. Director Hughes, seconded by Malone, moved adoption of the resolution.
The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the resolution passed.
RESOLUTION NO. 94-77 APPEARS ON PAGE 216 OF ORDINANCE & RESOLUTION BOOK V
RESOLUTION APPOINTING LEGAL COUNSEL
The City Attorney informed the Board that the
firm of Putman, Davis, Bassett, Cox and Wright had agreed to serve as the
City's legal counsel for the Hill condemnation case. Director Hughes, seconded
by Colwell, moved adoption of the resolution. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The Mayor declared the resolution passed.
RESOLUTION NO. 95-77 APPEARS ON PAGE 217 OF ORDINANCE & RESOLUTION BOOK V
119.1
119.2
119.3
119.4'
AWARD OF BID - Street Department Grader
Purchasing Officer Sturman Mackey recommended award of Bid 361 for one 119.5
articulating frame motor grader to ConMark Machinery, Incorporated,.at a bid
price of $51,640 including optional equipment.
In reply to Board inquiries as to why to other low -bidding firms did not 119.6
meet specif cations, Mackey replied that one company bid used equipment and
another did not bid an articulating frame machine. Mackey assured the Board
that specif.cations had not been written so as to exclude other firms from
bidding competitively.
Director Malone, seconded by Todd, moved the bid recommendation be approved. 119.7
The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed.
119
120
OTHER BUSINESS
CROSSOVER ROAD SEWER EXTENSION
120.1 Administrative Aide McWethy reported that the City Manager's office had
received a request that the Crossover Road sewer extension(approved at the
October 18 meeting) be extended from the south rather than from the north.
McWethy said other property owners had stated their desire to tap on to the
sewer upon its completion at a cost of $900 plus a $50 tap fee.
120.2 Director Colwell, seconded by Noland, moved the sewer be extended from
the south. The recorded vote was:
Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland
Nays: None
The motion was declared passed.
NORTH STREET RAILROAD CROSSING
120.3 Director Hughes reported that warning lights at the North Street railroad
crossing were not in proper operating condition and felt the City should go on
record to get Frisco to improve maintenance of its crossings.
MASTER STREET PLAN
120.4 Director Noland requested the Directors consider the Master Street Plan for
the purpose of considering amending setback requirements for College Avenue.
APPROVAL OF MINUTES
120.5 The Mayor asked if there be amendments to the minutes of meetings held
on September 28, October 18, 20, and 27.
120.6 Director Todd requested paragraph 90.3 be amended to read: "The Directors
indicated that West Fork would be required to have their customers connect to
the sewer or comply with recently adopted outside sewer service policies."
Also, that paragraph 103.3 be amended to read: "Director Todd said the extension..."
Todd also requested that paragraphs 107.1 and 107.2 be amended to reflect that
he was referring to public works funds.
120.7 Noland requested that paragraph 107.3 be amended to reflect that the Finance
Committee had recommended a $1,000,000 bond issue to provide $200,000 for library
and $800,000 for parks. The City Attorney requested that the last sentence of
paragraph 107.3 be amended to read: "...could not proceed with the bond issue
even though..."
120.8 There being no further amendments, the Mayor declared the minutes approved
as amended.
ADJOURNMENT
120.9 There being no further business for the Board's consideration, the Mayor de-
clared the meeting adjourned.
ATTEST: APPROVED:
Darlene Westbrook, City Clerk Ernest E. Lancaster, Mayor
120
1