HomeMy WebLinkAboutOrdinance 1989 FILED .
FOR RF
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74 IagR 15 AN 9: 26
li'ASHINGTorJ
ORDINANCE NO COUNTY
. ' / 9� ARIiR; pJgS
tiLMA JiGLLPtE 'tF ;
AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDIC�F-!0WOF-. ,-„MBLIC
STREET AND UTILITY EASEMENTS IN THE LARGE SCALE DEVELOPMENT PLAN
OF LEO THOMAS FOR PROPERTY LOCATED AT 3228 WEDINGTON DRIVE .
WHEREAS , there has been presented to Board of Directors of
the City of Fayetteville , Arkansas , a plat known as the large
scale development plan of Leo Thomas for property located at
3228 Wedington Drive , and
WHEREAS , the Planning Commission of the City of Fayetteville ,
Arkansas , has approved the acceptance of said plan , and
WHEREAS , the developer has offered to dedicate the public
street and utility easements shown in said plan .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That the City of Fayetteville , Arkansas , hereby
accepts and confirms the dedication of the public street and
utility easements , described in the exhibit attached hereto ,
marked exhibit " a” , and made a part hereof ; said easements
being located within the large scale development plan of Leo
Thomas for property located at 3228 Wedington Drive . The
City of Fayetteville hereby declares said easements to be public
easements and the Board of Directors hereby assumes the care ,
control , and jurisdiction of same .
Section 2 . That this ordinance shall be in full force
and effect from and after its passage , approval , and publication .
PASSED AND APPROVED THIS .S '2� DAY OF . . . . . .
1974 .
APPROVED :
MAYOR
ATTEST :
CLERK
867
76 MiCRUFILMED
DATE OCT 1 3 1978
REEL.
r
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I . PATRICK J . TOBIN , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and foregoing
is a true and correct copy of the Fayetteville , Arkansas , 4t&a ';5 Q,'q,
therein set forth , and the same is as it appears of Record in
�1 i zi Volume �7 _ at Page 77
thereof .
IN WITNESS WHEREOF , I have here -
unto set my hand and affixed my
official seal this !�—
day of j ' 19
CERTIFICATE OF RECORD r t .
STATE OF ARKANSAS J �1�i. of
Washington County ] r c
1, Alma L ICollmeyer, Circuit Clerk and Ex-Officio Recorder for itjo �
Washington County, do hereby car;i�y tha: :he annexed or fore- r • ;
goin ins
t
rument
was fled for re:,ord in my ofico on the ACday
of197� a�tqp;.o2Llork/Q.f:�, and thesameis
dul/ r:.corded in AQ_A rccord A Lat page_`
Witness r-,-.y hand and seal this,/-g-day of-Z�-fy_ 0,b 19_Z4
ALMA KOLLMEYER
Circe -it Clerk and
E••-C . . cio Recorded
9 � �Y r,�tY Clerk . Ci �/ ?ia�
I
r
� J
I
I
i
q CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville ( SS
0 f, Suzanne C. Kenne•ty. City Cler't and
^ Er-Officio rec
t do hereb
goia:^. is o . r, , .: : is ny �:`•::e t a : ::_>-
Pearls i`n/ Crtlinzin .c
Lwt
hand ai: d ;lay of
Qtx Clerk and Es-Officio Recorder
STATE of ARKANSAS 1 r
J} e6.
County of Washington
I, . � -Q . , hereby certify that I
am the Pub sher of �T -IE NORTHWEST ARKANSAS TIMES, a daily
newspap r having a second class mailing privilege, and being not less than
four pages of five columns each, published at a fixed place of business and at
a fixed (daily) intervals continuously In the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what is
considered the value of the publication, based upon the news value and
ORDINANCE NO. ISM - service value it contains, that at least fifty percent of the subscribers
AN ORDINANCE TO ACCZPT AND thereto have paid cash for their subscriptions to the newspaper or its agents
CnS61NVI
THE DEDYA' TION OF
r�r.t:E"_ ANp, eAsc, or through recognized news dealers over a period of at least six months ;
o
;_ ' x 1'RO and that the said newspaper publishes an average of more than forty percent
i .uPeRTy ;fir uu news matter.
3'T IF
•�re: � I further certify that the legal notice hereto attached in the matter of
r Laow p
r - .pa9d4e
Wod-
" , fir" oomm.�o l� LGf�-y_7�121�e1-- � -t� ------ ---
yypp���lfr ------------------------
of tba: of fy9M91a; 'Alfemae.
baa00 A wN of wW Plan
and; + " e*Rd`tt I was published in the regular dally issue of said newspaper for____../-.--..
to ' IM .maty awmarbm insertion/ as follows :
an" awh w Moa. � •7/,1 O--
D N 31p. .Or DDtg�c- The first insertion on the ` - _ _ day of LLQiC 19-.. L-7
As 7attm
VIM
- 1. "tet. the second insertion on the day of ____-..._- 19..
-eby
a< and
eu. `Ileaw aa• the third insertion on the __ . _. -- day of _ __-------------------- 19.-.
I bU t SlWhed "-�
..a" Iss ryLlkli•6
.ca�e d9wts t V AMe and the fourth insertion on the __. ------ day of ---------..--.--_- 19--- ---
for pruper at am ',
Ori,x. TM Qty- It YeFtlN1
n.
aer wsmenb to ;
eas tp� Haid et
>e. M. un, p6
d sou.
se That ibis effect
em And Sworn to and subscribed before me on this a� _. da of ._.------____
d 1 force and effect hpm Toa - ____.. .. _ y
oer 9e, approval, and publica.
tion
PAsskD ANY/ APPROVED Tests Sta 7
DAY OR. MARCH, 1971. C- --_--- 192z —
APPAOVED:
RUSSELL T. PVRDY
. :'TEST: MAYOR
J. Tobin
r ITY CLERK Not6f Public
:Tv Y-
My Commission Expires :
Fees for Printing ----- $-1a.
Cost of Proof _._._..._._ _--_-- - -------------
Total ........_... j-./-.j2 ..��--
File No ,
Planning Commission:
Approved ,
Denied '
Plat Review 7
Subdivision Committ�e7e�• - ��' G- .LARGE-SCALE DEVELOPMENT
( Article 8, Section 11, Ordinance 1747 )
A development plan must be submitted to the Planning Commission for any develop-
ment-on_parcels of land larger than one acre such as residential subdivisions
with apartments and row houses, shopping centers, mobile home parks, industrial
sites or recreation areas whether they are subdivided into lots or not. Individual
lots for single family homes in A-1 districts are excluded from this rule . The
plan shall show:
1, The location of buildings , outdoor advertising and improvements
on the lots ; ( existing and proposed )
2. The location, size, and arrangement of curb cuts, driveways,
parking and loading areas ;
3 . The proposed storm drainage , landscaping, planting and grading
changes;
4 . The proposed utility lines and easements ; /3/ " et4L eosrea
5 . The proposed dedications or vacations, N' �•
( SEE PAGE 2 FOR CHECK LIST )
. Large scale developments are to be reviewed on their individual merits upon
specific application of a developer. The development shall be approved by the
Planning Co4vxedusi.on before building permits may be issued . Any substantial
deviation from the development plans shall be grounds for denial of building
permits unless changes are resubmitted and approved by the Planning Commission,
Please complete the following form and submit with a drawing showing Items 1-5 ,
NAI1E E . L . Jorgensen DATE April 5 , 1976
ADDRESS 1724 Pittman TELEPHONE 443 4461
ZONIDU DISTRICT USE UNIT
SPECIFIC USE Apartments
6 76
LEGAL DESCRIPTION : �.
A part of the Vest Half of the Fractional Northwest Quarter of ren" " "
of Section 7 , T-16-N, R-30-W , being more particularly described
as follows , to-wit : Beginning at a point on the North right of
way of Highway 16 W , said point being 1221 . 99 feet West and 78 . 4
feet North of the Southeast corner of said West Half of the Frac-
tional Nortwest Quarter of Section 7 , T-16-N, R-30-W and running
thence North 1320 feet ; thence East 660 . 0 feet ; thence South 1320
feet , to the North right of way of State Highway 16 West ; thence
• West , along State Highway right of way , 660 . 0 feet , to the point
of beginning . Containing 20 . 0 acres , more or less .
APR 51976
i�� uE carr au <•�:n:_
I
4
l
• CHECK LIST FOR LARGE-SCALE DEVELOPMENT
1. Exact dimensions of plot.
- 2 . Location of all existing and proposed buildings, including
dimensions of buildings and measurements to property lines
and other buildings ,
3 . Location of any existing or proposed signs (give sizes ) ,
4. Other improvements on property ( if any ) .
5 . Location, size , and arrangement of curb cuts and drive
entrances,
6 . Location of and size and arrangement of driveways, parking
areas, and loading areas . Indicate pattern of traffic flow.
( Chock with Planning Administrator concerning the requirements
of parking and loading for specific use proposed. )
1. -Proposed storm drainage . A topographic sap may be .required
if the area is subject to flooding or adjacent to an area
subject to flooding or if a large area is to be covered with
• asphalt or concrete ,
80 Proposed landscaping, planting and grading changes .
9. Proposed or existing utility lines . and easements .
10. Proposed dedications or vacations . ( Check with the Planning
Administrator concerning Major Street Plan requirements . )
11. Location of buffer strip, fence , or screen wallwhere required ,
(Check with the Planning Administrator ) ,
12 . Drawing to scale of all required information. ( 12 Copies )
13 , Vicinity Map ,
14 . Written approval of Arkansas Highway Department required for
any proposed curb cuts , driveways, etc , into State or Federal
Highway,
15 , If located in the Fayetteville Urban Renewal Area please check
with Mr , David Fraught , Assistant Executive Director, Housing
Authority of Fayetteville , 226 North Block, Phone 442-2902 .
THE PLANNING COMMISSION HAS INSTRUCTED TyIS OFFICE TO PROVIDE MAILED
NOTICE 0 ADJOINING PROPERTY OWNERS OF : ll ) REZONINGS ; ( 2 ) CONDITIONAL
USES ; ) LARGE SCALE DEVELOPMENTS ; ( 4 ) VARIANCE REQUESTS TO. BE
CONSIDERED BY THE PLANNING COMMISSION & BOARD OF ADJUSTMENT ,
USE THEFORM BELOW TO EITHER PRINT . OR TYPE THE ADJOINING PROPERTY
OWNERS NAMES AND MAILING ADDRESSES , DO NOT USE PENCIL THIS WILL
BE COPIED AND USED FOR MAKING ADDRESS LABELS ,
IN ACCORDANCE WITH THE PLANNING COMMISSIONS INSTRUCTIONS , THE ABOVE
LISTED MATTERS WILL NOT BE PLACED ON THE AGENDAS UNTIL THIS
INFORMATION IS FURNISHED , Please stay within the lines as shown on
the example .
City Planning Office
P . 0 . Drawer F
Fayetteville , Ark . 72701
vR • FLO`l� NA �t2 � S
ROVT E oZ
FRYETTE �/ \ LLE A2 •
DRS • LUCH 6RUCTF{ k COLE
q *LOUL- PR2. LRtJE
FAYE_r E Lt E
MR5 • LEo TAoHAS
H ul � l l� WEST
i
Rl' ETTE �J � LLE , A (Z . I
j
. R " g•REEr1 TRUST
CIO (}EI2Al,� TONES
P - 0 . 6oX 4 ) S(o
FA`(ETTEV I L LE , R Q
KENNY BELL
VtErJNY DELL AVTO SALdPGE
qw�l b a WEST
i
3
3 ,
/ ZONING REVIEW Date
REQUEST SUBMITTED BY :LOCATIO � • `� )
name address phone
ADDRESS NOFRPROPERTY A 114a
LEGAL DESCRIPTION
Building Permit Application Received . of
PROPERTY IS ZONED
PROPOSED USE EXISTING
PermittedZA, J -1. Not Permitted iY _ I _ Conforming ✓ Non-C orming
Permitted on appeal to the Planning
Commission
MAJOR STREET PLAN : Existing ROW Proposed ROW Additional ROW Needed
ZONING : Requirements Proposed
Lot Width _ d3; S� 0),o
) ,, � � � � o �
Lot Area _LL �0�7 I >�
Setbacks :
Front
off/
0
D �
Rear
(p 0
Sides (td )
Height of Building �6 y
Maximum % of lot in building area
3 a .
PARKING: 0 —
Number of Spaces
�ize of Spaces /D Y'�Q
Setback from Street ROW A5- i 5�0 a3
Setback from side o �J'�� gi�
Az 6
Screening Required?
ZONING REVIEW ( Page 2 )
•
DRIVEWAYS : Requirements Proposed
Width ma1V C/
Separation between L . 251 asv
Separation from Street
Intersections
A .permit is required to cut or construct a curb , driveway , sidewalk , etc on a City street ROW .
Permits are obtained from the City geg'Ys Office .
y��
Location of and availability of water and sewor facilities should be checked with the
City Engineer ' s Office .
Questions about the,Sign Ordinance , Housing Code , and Building Code should be directed
to the Inspection Department .
ADDITIONAL COMMENTS . -
•
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,�EP'(ETTf�
�� ,��. '���, FAYETTEVILLE, ARKANSAS
1 v a CITY ENGINEER'S OFFICE
P. O. DRAWER F 72701 (301) 521.7700
April 23 , 1976
Mrs . Bobbie Jones
City Planning Administrator
Fayetteville , AR 72701
Re : Racket Club
Dear Mrs . Jones :
I have obtained assurances from Mr . Bryce Davis that as
soon as he has the ownership of the 110 acres , of which the
Racket Club is purchasing 20 acres , he will then Quit Claim
Deed the necessary right of way on Highway 16 West .
As there presently appears to be 80 feet under fence
I see no problem with this . Therefore recommend that the
• Subdivision Committee proceed with the review of this project .
If you have any questions concerning this please feel free
to contact me ,
o rstrtjruly ,
Paul W . Mattke
City Engineer
PWM/skb
•
PSYETTEVILL 6, ARKA11TS.A.S
OFFICE OF CITY PLANNING
P. 0. DRAWER F
Mr. E. L. Jorgensen
1724 Pittman
Fayetteville, Arkansas 72701
us
Dear Mr. Jorgensen:
72701
April 28, 1976
Large scale development
Racket Club Apartments
(501) 521-7700
The Subdivision Committee of the Fayetteville Planning Commission reviewed
your proposed large scale development plan on April 26, 1976. The Committee
voted to approve the development plan contingent upon approval of Rezoning
Petition R76-15 by both the Planning Commission and Board of Directors. No
building permits can be issued until the property is rezoned.
Once the permits are issued and construction begun, no building may be
occupied until water, sewer, drainage, and street improvements connected
• to the development (:here applicable) are completed to minimum City requirements.
The regulations also require that upon completion of the development, you
must file with this office an "as built" plot plan showing:
1. The location of all buildings and the setback distance for said
buildings from street right-of-way and adjoining property lines;
2. The location of any free-standing signs and the setback distance
of said signs from street right -of -gay and adjoining property lines;
3. The location, number, dimensions, and surfacing of all parking spaces
and of all screens or fences;
4. The location and size of all water, sewer, gas, electric, telephone,
and TV cable lines.
you may .wish to attend the Board of Directors Meeting next Tuesday night.
• cc: Bryce Davis
Sincerely yours,
(Mrs.) Bobbie Jones
Planning Administrator
MINUTES OF A PLAT REVIEW COMMITTEE MEETING
A meeting of the Fayetteville Plat Review Committee meeting was held at 9:00 A. M.
Thursday, April 15, 1976, in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas._
UTILITY REPRESENTATIVES PRESENT: James.Crownover, Clyde Terry, Frank O'Donnell.
CITY REPRESENTATIVES PRESENT: Steve Brown, Paul Mattke, Charles McWhorter,
Clayton Powell, Wally Brt, Bobbie Jones, Janet Bowen.
ENGINEERS and/or DEVELOPERS PRESENT:. E. L. Jorgensen.
RACKET CLUB APARTMENTS
The only item for discussion was the large scale Highway 16 W, $ 71 Bypass
development plan submitted by E. L. Jorgensen for
a proposed apartment complex and tennis courts to be located North of Highway 16 West,
West of Highway 16 Bypass.
Mr. Jorgensen was present to represent. Comments were as follows:
•
1. E. L. Jorgensen: Th
in the back yard of just
single -story (2 bedrooms
probably being rough cut
There will be a swimming
development.
is will be principally0an apartment
about every unit. Both the 4 -unit
per unit) and constructed of wood
cedar with asphalt roofs.
pool, office, laundry facility and
complex with tennis courts
and 6 -unit buildings will be
frame with finish material
a pro shop in the.
2. James Crownover (Ozarks Electric): It looks like we will be making a loop
on the interior, going under the tennis courts between each cluster and loop around
the whole system. Our entrance would be the same thing on the interior like we laid it out.
Our entrance will depend on where the water goes and then we will,loop through the center
of the development.
3. Clyde Terry (Warner Cable): We plan to come in essentially with the same route as
Ozarks Electric and loop through under your tennis courts and then back from the
West 16 Highway..
In answer to a question asked by Mr. Terry, Mr. Jorgensen said that the 10 feet shown on.the
Northwest corner and 9 feet shown on the Northeast corner was the distance from the edge of
the parking to the edge of the roof overhang.
Mr. Jorgensen said he planned to dedicate a 15 foot easement to take care of the sewer
and water lines.
Mr. Terry said Mr. Hawkins (Southwestern Bell) had wanted him to ask about that since
Mr. Hawkins was considering going this direction also and he was concerned about having
the footage to get through there with water and sewer.
After talking with City Engineer Paul Mattke, it was determined that there would be
enough room since there had to be a minimum of 2'' to 5' between the sewer line and
telephone.; -
Mr. Terry said that Mr. Hawkins had indicated that he did not want to be under
the paved parking area.
•4. Frank O'Donnell (Arkansas Western Gas): .Our line is on 16 West and I would like
to come from a point somewhere on there, to run on the West side of this pool, come up
and on the opposite side from the water line and with a 2 inch main to dead end and
then run laterals from probably 14 inch from the 2 inch to this central area as
we talked about before and serve in this manner. We would want to wait until everyone
else is pretty well in there and out of the way so that we would not be there
all together. Since each building will have four units and we are talking about 4 meters,
Plat Review
April 15, 1976
-2-
•
•
this will involve a lot of service lines in there, so.we.would probably engineer as
we go along. We would locate the manifold meter loop on the end of each building.
Mr. Jorgensen. indicated that he planned to be usingall electric.
Mr. O'Donnell: If you change your mind, let us know and we can serve this..
• S. Roy Hawkins (Southwestern Bell Telephone): Not present at meeting but
left comments at Planning Office:
..If he agrees to a blanket easement to be tied down at the end of the time the services
are installed, that is okay. Will serve by ringing the outside. Would like to
reserve other comments until after I see the comments of the rest of the utility
companies.
6. Steve Brown (Community Appearance): The Community Appearance Committee
is available for consultation on any plantings or landscaping you may want to do
and we will be happy to assist you.
7. Paul Mattke (City Engineer): He is planning to provide water and sewer service
to these apartments. We have already talked about meter locations and service
for them. I assume you still plan to individually meter them, so I don't see
any problem with that. I will need engineering design of the water and sewer
mains and we will need the rights -of- way that we talked about along these water
mains and where we cross over the opposite side of the street.
In answer to Mr. Mattke's question, Mr. Jorgensen said that he did plan to
maintain this in private roads through the system.
Mr. Mattke: Your water pressure will be fairly high. You will find that you will
need to reduce your pressure somewhere between the meter and the apartment on these
with a small pressure regulator. These are about $10 or $12 a piece. You will
probably want to put them in the plumbing in the building.
In answer to Fire Chief Charles McWhorter's question, Mr. Mattke said the developer
would install the fire hydrants and water mains and dedicate them to the City
and then the City would accept and maintain operation. These will have to be painted.
He said this would be a requirement placed on the contractor to reflectorize the
barrels. He said they would then come back and paint the trim after they themselves
flow tested them.
8. Wally Brt (Sanitation Superintendent): Mr. Jorgensen said he would be maintaining
the streets. He also said he did not plan to enclose the pads for the trash
containers.
Wally Brt: I will need a letter from you stating that we have permission to travel
your streets and pick up your containers. The containers have already been located.
Eliminate and block off the one parking space shown alongside each one of the containers
You might put a pole and chain about 3/4 of the way out to give us enough room.
If you do that we will not have any problems. You have six containers which would
eliminate one parking space in each instance.
There was some discussion on how much right-of-way existed on Highway 16 West
at this particular location.
City Engineer Paul Mattke said the legal description read to the North line
of the highway and the right-of-way appeared to lack approximately 1.6 feet making
it 80 feet of right-of-way. He said there was an apparent conflict between the
survey and the legal description and that the way the description was written, it did
not reserve highway right-of-way.
He told Mr. Jorgensen that he needed to make a warranty deed covering that strip
of land which had been left out of his description in order to clarify the situation.
Mr. Jorgensen said he had been assured that he would have a full 20 acres
(1,320 feetdepth) after all dedications had been made and that this might mean that
the property line would need to be shifted someW:'at.
MINUTES OF A PLAT REVIEW COMMITTEE MEETING
A•meeting of the Fayetteville Plat Review Committee meeting was held at 9:00 A. M,
Thursday, April 15, 1976, in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas.
UTILITY REPRESENTATIVES PRESENT: James.:Crownover, Clyde Terry, Frank O'Donnell,
CITY REPRESENTATIVES PRESENT: Steve Brown, Paul Mattke, Charles McWhorter,
Clayton Powell, Wally Brt, Bobbie Jones, Janet Bowen.
ENGINEERS and/or DEVELOPERS PRESENT: E. L. Jorgensen,
RACKET CLUB APARTMENTS
The only item for discussion was the large scale Highway 16 W, $ 71 Bypass
development plan submitted by E. L. Jorgensen for
a proposed apartment complex and tennis courts to be located North of Highway 16 West,
West of Highway 16 Bypass.
Mr. Jorgensen was present to represent. Comments were as follows:
1. E. L. Jorgensen: Th
in the back yard of just
single -story (2 bedrooms
probably being rough cut
There will be a swimming
development.
is will be principally'an apartment complex with tennis courts
about every unit. Both the 4 -unit and 6 -unit buildings will be
per unit) and constructed of wood frame with finish material
cedar with asphalt roofs.
pool, office, laundry facility and a pro shop in the
2.
James Crownover (Ozarks Electric):
It looks like we will be making
a loop
on
the interior, going under the tennis
courts between each cluster and
loop around
whole system. Our entrance would
be the same thing on the interior
like we laid it out
•the
Our
entrance will depend on where the
water goes and then we will loop
through the center
of
the development.
3. Clyde Terry (Warner Cable): We plan to come in essentially with the same route as
Ozarks Electric and loop through under your tennis courts and then back from the
West 16 Highway..
In answer to a question asked by Mr. Terry, Mr. Jorgensen said that the 10 feet shown onthe
Northwest corner and 9 feet shown on the Northeast corner was the distance from the edge of
the parking to the edge of the roof overhang.
Mr. Jorgensen said he planned to dedicate a 15 foot easement to take care of the sewer
and water lines.
Mr. Terry said Mr. Hawkins (Southwestern Bell) had wanted him to ask about that since
Mr. Hawkins was considering going this direction also and he was concerned about having
the footage to get through there with water and sewer.
After talking with City Engineer Paul Mattke, it was determined that there would be
enough room since there had to be a minimum of 2'z' to 5' between the sewer line and
telephone.
Mr. Terry said that Mr. Hawkins had indicated that he did not want to be under
the paved parking area.
4. Frank O'Donnell (Arkansas Western Gas): Our line is on 16 West and I would like
to come from a point somewhere on there to run on the West side of this pool, come up
and on the opposite side from the water line and with a 2 inch main to dead end and
then run laterals from probably 1a inch from the 2 inch to this central area as
•we talked about before and serve in this manner. We would .want to wait until everyone
else is pretty well in there and out of the way so that we would not be there
all together. Since each building will have four units and we are talking about 4 meters,
Plat Review -2-
April 15, 1976
this will involve a lot of service lines in there, so we.would probably engineer as
• we go along. We would locate the manifold meter loop on the end of each building:
Mr. Jorgensen indicated that he planned to be using all electric.
Mr. O'Donnell: If you change your mind, let us know and we can serve this..
5. Roy Hawkins (Southwestern Bell Telephone): Not present at meeting but
left comments at Planning Office:
If he agrees to a blanket easement to be tied down at the end of the time the services
are installed, that is okay. Will serve by ringing the outside. Would like to
reserve other comments until after I see the comments of the rest of the utility
companies.
6. Steve Brown (Community Appearance): The Community Appearance Committee
is available for consultation on any plantings or landscaping you may want to do
and we will be happy to assist you.
7. Paul Mattke (City Engineer): He is planning to provide water and sewer service
to these apartments. We have already talked about meter locations and service
for them. I assume you still plan to individually meter them, so I don't see
any problem with that. I will need engineering design of the water and sewer
{ mains and we will need the rights -of- way that we talked about along these water
mains and where we cross over the opposite side of the street.
In answer to Mr. Mattke's question, Mr. Jorgensen said that he did .:plan to
maintain this in private roads through the system.
Mr. Mattke: Your water pressure will be fairly high. You will find that you will
need to reduce your pressure somewhere between the meter and the apartment on these
• with a small pressure regulator. These are about $10 or $12 a piece. You will
probably want to put them in the plumbing in the building.
In answer to Fire Chief Charles McWhorter's question, Mr. Mattke said the developer
would install the fire hydrants and water mains and dedicate them to the City
and then the City would accept and maintain operation. These will have to be painted.
He said this would be a requirement placed on the contractor to reflectorize the
barrels. He said they would then come back and paint the trim after they themselves
flow tested them.
8. Wally Brt (Sanitation Superintendent): Mr. Jorgensen said he would be maintaining
the streets. He also said he did not plan to enclose the pads for the trash
containers.
Wally Brt: I will need a letter from you stating that we have permission to travel
your streets and pick up your containers. The containers have already been located.
Eliminate and block off the one parking space shown alongside each one of the containers.
You might put a pole and chain about 3/4 of the way out to give us enough room.
If you do that we will not have any problems. You have six containers which would
eliminate one parking space in each instance.
There was some discussion on how much right-of-way existed on Highway 16 West
at this particular location.
City Engineer Paul Mattke said the legal description read to the North line
of the highway and the right-of-way appeared to lack approximately 1.6 feet making
it 80 feet of right-of-way. He said there was an apparent conflict between the
survey and the legal description and that the way the description was written, it did
• not reserve highway right-of-way..
He told Mr. Jorgensen that he needed to make a warranty deed covering that strip
of land which had been left out of his description in order to clarify the situation.
Mr. Jorgensen said he had been assured that he would have a full 20 acres
(1,320 feetdepth) after all dedications had been made and that this might mean that
the property line would need to be shifted someW.Tat.
Plat Review -3-
April 15, 1976
9. Clayton Powell (Street Superintendent); I. would need.the formaldedication
of 40 feet of right-of-way from the existing centerline of Highway:16 abutting your
property to bring it in compliance with the Major Street Plan. Mr, Mattke seems
to feel that you come within 1.6 feet of it already and if the space exists, all we
need is a separate deed dedicating -the 40 feet from the existing centerline North
to your property line.
10. Charles McWhorter (Fire Chief): We talked with Mr. Jorgensen and have already
solved some of the problems we discussed with him. I would suggest in naming
the private drives that they not be named the same as streets we have got in the City.
You bald you would have individual gas and electric meters. I would like these
apartments numbered some way, to coincide with the meters and the meters tagged
or identified.
Since there are this many buildings', I would like a smaller outlay of the map
with these building on it.and each building numbered or otherwise identified.
We will need this when the complex is finished.
Planning Administrator Bobbie Jones said this would be well also.in getting the
building permits since you will have to get a separate building permit for each
building.
Charles McWhorter: We can live with the 25 foqt width providing there is no parking
in those areas. We discussed the corners with him and we have got that all worked
out.
You might want to give some thought to smoke indicators (one for each unit) since
there are around 160 apartments and probably 300-500 people. You are looking at about
4 to 5 minutes in response time for our earliest arrival. These smoke indicators are
not required by ordinance on this size complex. They cost about $25.00 each.
11. Bobbie Jones (Planning Administrator): There is a rezoning petition
on this property and it has to be approved for this to materialize. I am showing
164 units and 263 parking spaces without those 6 that the Sanitation Superintendent
requested to be eliminated. They would be adequate for the R-2 District. Your setbacks
as shown are adequate. You have already seen about the driveway permit. We do need
on the drawing to have you show the centerline of the right-of-way. This should be
dimensioned.
Mr. Jorgensen told Mrs. Jones that he did not know for sure what the total right-of-way
width was. She told him to check back with the surveyor since this needed to be
determined becaise of the additional right-of-way needed. She said on the drawing
to show the total existing width and then the total,if there is any additional needed
of the additional dedication, and whether it was to be made by him or the person he
was buying it from, for a full 40 feet from the centerline and to identify the centerline.
She said that this did need to be shown.
In answer to Bobbie Jones' question, Mr. Jorgensen said he had talked with
Inspection Superintendent Harold Lieberenz concerning a sign and he had told him he
could have a wall sign of 32 feet.
Bobbie Jones: You will have to have State Board of Health approval on the swimming
pool and on the water and sewer lines as well.
Mr. Jorgensen told Mrs. Jones that this parcel would not be split up nor would there
by any apartment buildings sold.
Bobbie Jones: I am not sure whether the pro shop (depending on whether or not
it is a retail outlet) can be approved or not since retail outlets are not allowed
in residential zones. Since your laundry is on the interior, I can consider this as
part of the development.
.I can take this to the Subdivision Committee of the Planning Commission on the 26th of
this month but I do need the right-of-way dimensioned that I asked for.
There is a requirement that after this is completed you submit back to us as -built
plans that shows the location of each utility line and easements.
City Engineer Paul Mattke indicated that it would be good also to have an overlay of
where each of the utilities would be in order to organize this.
Plat Review
April 15, 1976
NORTH'& GARLAND
ty Engineer Paul Mattke said he still had not received letters regarding relocation
f facilities at North and Garland that he had asked for.from the utilities
several Plat Review Committee meetings ago..
He said the matter of reimbursement had nothing to do with these letters since the
facilities would have to be moved regardless of who had to pay the cost for,;
relocation.
Frank O'Donnell (Arkansas Western Gas) said he would check on this and get back with
Mr. Mattke concerning this matter.
-
SOUTHWESTERN BELL TELEPHONE CO.:
Harold Street
Revised copies of Southwestern Bell's Large Scale Development Plans on Harold Street
were passed out and those present were asked to contact Clarence Young on any problems.
they found.
Street Superintendent Clayton Powell asked Mr. Mattke (City Engineer) if the bond .
required for utility street cuts.could be used as surety for the telephone company's
share of the cost of the proposed improvements to Harold Street.
Mr. Mattke felt the franchise agreement and their word was adequate.
Mr. Powell said he would have the City's concrete'contractor bill them direct for
their share.
There was no further discussion.
The meeting was adjourned at 10:00 A. M.
•
MINUTES OF A PLAT REVIEW.CONLMIITTEE MEETING
A meeting of the Fayetteville Plat Review Committee meeting was held at 9:00 A. M.
Thursday, April 15, 1976, in the Board of Directors Room, City Administration
Building, Fayetteville, Arkansas. -
UTILITY REPRESENTATIVES PRESENT: James.Crownover, Clyde Terry, Frank O'Donnell.
CITY REPRESENTATIVES PRESENT: Steve Brown, Paul Mattke, Charles McWhorter,
Clayton Powell, Wally Brt, Bobbie Jones, Janet Bowen.
ENGINEERS and/or DEVELOPERS PRESENT: E. L. Jorgensen.
RACKET CLUB APARTMENTS (�
The only item for discussion was the large scale Highway 16 IV, & 71 Bypass
development plan submitted by E. L. Jorgensen for
a proposed apartment complex and tennis courts to be located North of Highway 16 West,
West of Highway 16 Bypass.
Mr. Jorgensen was present to represent. Comments were as follows:
1. E. L. Jorgensen: This will be principally an apartment complex with tennis courts
in the back yard of just about every unit. Both the 4 -unit and 6 -unit buildings will be
single -story (2 bedrooms per unit) and constructed of wood frame with finish material
probably being rough cut cedar with asphalt roofs.
There will be a swimming pool, office, laundry facility and a pro shop in the
development.
2.
James Crownover (Ozarks Electric):
It looks like we will be making
a loop
the interior, going under the tennis
courts between each cluster and
loop around
•on
the
whole system. Our entrance would
be the same thing on the interior
like we laid it out
Our
entrance will depend on where the
water goes and then we willlloop
through the center
of
the development.
•
3. Clyde Terry (Warner Cable): We plan to come in essentially with the same route as
Ozarks Electric and loop through under your tennis courts and then back from the
West 16 Highway..
In answer to a question asked by Mr. Terry, Mr. Jorgensen said that the 10 feet
shown on the
Northwest corner and 9 feet shown on the Northeast corner was the distance from
the edge of
the parking to the edge of the roof overhang.
Mr. Jorgensen said he planned to dedicate a 15 foot easement to take care of the
sewer
and water lines.
Mr. Terry said Mr. Hawkins (Southwestern Bell) had wanted him to ask about that
since
Mr. Hawkins was considering going this direction also and he was concerned about
having
the footage to get through there with water and sewer.
After talking with City Engineer Paul Mattke, it was determined that there would
be
enough room since there had to be a minimum of 2'' to 5' between the sewer line
and
telephone.:
Mr. Terry said that Mr. Hawkins had indicated that he did not want to be under
the paved parking area.
4. Frank O'Donnell (Arkansas Western Gas): Our line is on 16 West and I would like
to come from a point somewhere on there to run on the West side of this pool, come up
and on the opposite side from the water line and with a 2 inch main to dead end and
then run laterals from probably 1'q inch from the 2 inch to this central area as
we talked about before and serve in this manner. We would want to wait until everyone
else is pretty well in there and out of the way so that we would not be there
all together. Since each building will have four units and we are talking about 4 meters,
Plat Review -2-
April 15, 1976
I
this will involve a lot of service lines in there, so we would probably engineer as
we go along. We would locate the manifold meter loop on the end of each building,.
Mr. Jorgensen indicated that he planned to be using all electric,
Mr. O'Donnell: If you change your mind, let us know and we can serve this..
S. Roy Hawkins (Southwestern Bell Telephone): Not present at meeting but.
left comments at Planning Office:
If he agrees to a blanket easement to be tied down at the end of the time the services
are installed, that is okay. Will serve by ringing the outside. Would like to
reserve other comments until after I see the comments of the rest of the utility
companies.
6. Steve Brown (Community Appearance): The Community Appearance Committee
is available for consultation on any plantings or landscaping you may want to do
and we will be happy to assist you.
7. Paul Mattke (City Engineer): He is planning to provide water and sewer service
to these apartments. We have already talked about meter locations and service
for them. I assume you still plan to individually meter them, so I don't see
any problem with that. I will need engineering design of the water and sewer
mains and we will need the rights -of- way that we talked about along these water
mains and where we cross over the opposite side of the street.
In answer to Mr. Mattke's question, Mr. Jorgensen said that he did _plan to
maintain this in private roads through the system.
Mr. Mattke: Your water pressure will be fairly high. You will find that you will
need to reduce your pressure somewhere between the meter and the apartment on these
with.a small pressure regulator. These are about $10 or $12 a piece. You will
probably want to put them in the plumbing in the building.
In answer to Fire Chief Charles McWhorter's question, Mr. Mattke said the developer
would install the fire hydrants and water mains and dedicate them to the City
and then the City would accept and maintain operation. These will have to be painted.
He said this would be a requirement placed on the contractor to reflectorize the
barrels. He said they would then come back and paint the trim after they themselves
flow tested them.
8. Wally Brt (Sanitation Superintendent): Mr. Jorgensen said he would be maintaining
the streets. He also said he did not plan to -enclose the pads for the trash
containers.
Wally Brt: I will need a letter from you stating that we have permission to travel
your streets and pick up your containers. The containers have already been located.
Eliminate and block off the one parking space shown alongside each one of the containers.
You might put a pole and chain about 3/4 of the way out to give us enough room.
If you do that we will not have any problems. You have six containers which would
eliminate one parking space in each instance.
There was some discussion on how much right-of-way existed on Highway 16 West
at this particular location.
City Engineer Paul Mattke said the legal description read to the North line
of the highway and the right-of-way appeared to lack approximately 1.6 feet making
it 80 feet of right-of-way. He said there was an apparent conflict between the
survey and the legal description and that the way the description was w rritten, it did
not reserve highway right-of-way.
He told Mr. Jorgensen that he needed to make a warranty deed covering that strip
of land which had been left out of his description in order to clarify the situation.
Mr. Jorgensen said he had been assured that he would have a full 20 acres
(1,320 feetdepth) after all dedications had been made and that this might mean that
the property line would need to be shifted someWdrat.
Plat Review -3-
April 15,-1976
9. Clayton Powell (Street Superintendent); t would need.the formaldedication
j. of 40 feet ofright�o£-way from the"existing centerline, of Highway 16.abutting your
property to bring it in compliance with the Major Street.Plan, Mr, Mattke seems
to feel that you come within 1.6 feet of it already and if the space exists, all we
need is a separate deed dedicating the 40 feet from the existing centerline North
to your property line.
10. Charles McWhorter (Fire Chief): We talked with Mr. Jorgensen and have already
solved some of the problems we discussed with him. I would suggest in naming
the private drives that they not be named the same as streets we have got in the City.
You maid you would have individual gas and electric meters. I would like these
apartments numbered some way, to coincide with the meters and the meters tagged
or identified.
Since there are this many buildings, I would like a smaller outlay of the map
with these building on it.and each building numbered or otherwise identified.
We will need this when the complex is finished.
Planning Administrator Bobbie Jones said this would be well also.in getting the
building permits since you will have to get a separate building permit for each
building.
Charles McWhorter: We can live with the 25 foqt width providing there is no parking
in those areas. We discussed the corners with him and we have got that all worked
out.
You might want to give some thought to smoke indicators (one for each unit) since
there are around 160 apartments and probably 300-500 people. You are looking at about
4 to 5 minutes in response time for our earliest arrival. These smoke indicators are
not required by ordinance on this size complex. They cost about $25.00 each.
11. Bobbie Jones (Planning Administrator): There is a rezoning petition
on this property and it has to be approved for this to materialize. I am showing
164 units and 263 parking spaces without those 6 that the Sanitation Superintendent
requested to be eliminated. They would be adequate for the R-2 District. Your setbacks
as shown are adequate. You have already seen about the driveway permit. We do need
on the drawing to have you show the centerline of the right-of-way. This should be
dimensioned.
Mr. Jorgensen told Mrs. Jones that he did not know for sure what the total right-of-way
width was. She told him to check back with the surveyor since this needed to be
determined becaise of the additional right-of-way needed. She said on the drawing
to show the total existing width and then the total,if there is any additional needed
of the additional dedication, and whether it was to be made by him or the person he
was buying it from, for a full 40 feet from the centerline and to identify the centerline.
She said that this did need to be shown.
In answer to Bobbie Jones' question, Mr. Jorgensen said he had talked with
Inspection Superintendent Harold Lieberenz concerning a sign and he had told him he
could have a wall sign of 32 feet.
Bobbie Jones: You will have to have State Board of Health approval on the swimming
pool and on the water and sewer lines as well.
Mr. Jorgensen told Mrs. Jones that this parcel would not be split up nor would there
by any apartment buildings sold.
Bobbie Jones: I am not sure whether the pro shop (depending on whether or not
it is a retail outlet) can be approved or not since retail outlets are not allowed
in residential zones. Since your laundry is on the interior, I can consider this as
part of the development.
•I can take this to the Subdivision Committee of the Planning Commission on the 26th of
this month but I do need the right-of-way dimensioned that I asked for.
There is a requirement that after this is completed you submit back to us as -built
plans that shows the location of each utility line and easements.
City Engineer Paul Mattke indicated that it would be good also to have an overlay of
where each of the utilities would be in order to organize this.
9. Clayton Powell (Street.Superiritendent); I. would need the formaldedication
of 40 feet of right.o£-way from the existing centerline of Highway 16 abutting your
property to bring it in compliance with the Major Street Plan. Mr, Mattke seems
to feel that you come within 1.6 feet of it already and if the space exists, all we
need is a separate deed dedicating the 40 feet from the existing centerline North
to your property line.
10. Charles McWhorter (Fire Chief): We talked with Mr. Jorgensen and have already
solved some of the problems we discussed with him. I would suggest in naming
the private drives that they not be named the same as streets we have got in the City.
You haid you would have individual gas and electric meters. I would like these
apartments numbered some way, to coincide with the meters and the meters tagged
or identified. ..
Since there are this many buildings, I would like a smaller outlay of the map
with these building on it.and each building numbered or otherwise identified.
We will need this when the complex is finished.
Planning Administrator Bobbie Jones said this would be well also.in getting the
building -permits since you will have to get a separate building permit for each
building.
Charles McWhorter: We can live with the 25 foot width providing there is no parking
in those areas. We discussed the corners with.him and we have got that all worked
out.
You might want to give some thought to smoke indicators (one for each unit) since
there are around 160 apartments and probably 300-500 people. You are looking at about
4 to 5 minutes in response time for our earliest arrival. These smoke indicators are
not required by ordinance on this size complex. They cost about $25.00 each.
11. Bobbie Jones (Planning Administrator): There is a rezoning petition
on this property and it has to be approved for this to materialize. I am showing
164 units and 263 parking spaces without those 6 that the Sanitation Superintendent
requested to be eliminated. They would be adequate for the R-2 District. Your setbacks
as shown are adequate. You have already seen about the driveway permit. We do need
on the drawing to have you show the centerline of the right-of-way. This should be
dimensioned.
Mr. Jorgensen told Mrs. Jones that he did not know for sure what the total right-of-way
width was. She told him to check back with the surveyor since this needed to be
determined becaise of the additional right-of-way needed. She said on the drawing
to show the total existing width and then the total,if there is any additional needed
of the additional dedication, and whether it was to be made by him or the person he
was buying it from, for a full 40 feet from the centerline and to identify the centerline.
She said that this did need to be shown.
In answer to Bobbie Jones' question, Mr. Jorgensen said he had talked with
Inspection Superintendent Harold Lieberenz concerning a sign and he had told him he
could have a wall sign of 32 feet.
Bobbie Jones: You will have to have State Board of Health approval on the swimming
pool and on the water and sewer lines as well.
Mr. Jorgensen told Mrs. Jones that this parcel wouldnot be split up nor would there
by any apartment buildings sold.
Bobbie Jones: I am not sure whether the pro shop (depending on whether or not
it is a retail outlet) can be approved or not since retail outlets are not allowed
in residential zones. Since your laundry is on the interior, I can consider this as
part of the development.
• I can take this to the Subdivision Committee of the Planning Commission on the 26th of
this month but I do need the right-of-way dimensioned that I asked for.
There is a requirement that after this is completed you submit back to us as -built
• plans that shows the location of each utility line and easements.
City Engineer Paul Mattke indicated that it would be good also to have an overlay of
where each of the utilities would be in order to organize this.
MINUTES OF A SUBDIVISION COMMITTEE MEETING
A tieeting of the Subdivision Committee to the Fayetteville Planning'CommiSsion
sr was held at 9;15.A. M.., Monday, April 26, 1976, in the Board of Directors Room,
City Administration Building; Fayetteville, Arkansas..
PRESENT: Chairman Ernest Jacks, Bill Kisor, KeitMEMBERS h Newhouse, Jack Ray.
MEMBERS ABSENT: Larry Wood.
OTHERS PRESENT: David McWethy, Bobbie Jones, Janet Bowen, Clarence Young,
Wade Fincher, Marshall Carlisle, E. L. Jorgensen, Frank Blew,
Bryce Davis.
The minutes of the March 29, 1976 Subdivision Committee
meeting were approved as mailed.
MINUTES
SOUTHWESTERN BELL TELEPHONE
Next was the Large Scale Development Plan Harold Street
of Southwestern Bell Telephone to construct Large Scale Development
a SACD (Automatic Call Operators) building behind K -Mart, on the South side of
Harold Street between Lee Avenue and Sheryl Avenue on property which is zoned R -O,
Residential -Office District.
Clarence Young and Wade Fincher were present to represent.
In answer -to Ernest Jack's question, Planning Administrator Bobbie Jones said that a
minimum of 50 feet of right-of-way was needed on Harold and a survey by McClelland
Engineers indicates there is already 60 feet of right-of-way. The telephone
company indicated they were still planning to curb and gutter the South side of
Harold Street all the say to Sheryl Avenue (even in front of the existing residence).
• She told Mr. Jacks that a notice had been published in the newspaper to notify ad-
joining property owners. Wade Finches presented her with a copy of the notice for th
files.
Also the parking had been setback 25 feet as it should be.
Mrs. Jones said she did not know whether or not the problem involving the guy wire
that belonged to Ozarks Electric had been resolved.
Mr. Jacks felt this was not a question for the Subdivision Committee to consider.
There was no one present to oppose the development plan.
Keith Newhouse moved to approve the Large Scale Development Plan for Southwestern
Bell Telephone on Harold Street.
Bill Kisor seconded the motion which was approved unanimously.
In answer to Administrative Assistant David McWethy's question, Bobbie Jones said thi.
would not involve any right-of-way dedication.
RACKET CLUB APARTMENTS
The next item for discussion was the Highway 71 Bypass
Large Scale Development Plan for the Large Scale Development
"Racket Club Apartments'' consisting of 164 units
to be located on the North side of Wedington Drive (Highway 16 West)
approximately ' mile West of Highway 71 By-pass and approximately '-, mile East
of Rupple Road..
Chairman Ernest Jacks pointed out that since this property is now zoned A-1,
Agricultural District, and is being petitioned for rezoning to R--2, Medium Density
Residential, approval of this large scale development plan would have to be con-
Atingent on approval of the rezoning by the Planning Commission and the City
• Board of Directors,
E. L. Jorgensen was present to represent. Bryce Davis was also present as an
interested party,
Planning Administrator Bobbie Jones said that they did have a quit claim deed
showing dedication of right-of-way along Highway 16 West executed by the
Subdivision Committee
April 26, 1976-
2-
property owners from whom Mr. Jorgensen was purchasing the 2Q. acres.
`-• She. had had a question as: to whether or not she could clear a pro shop
in that
zone, depending on whether or not it would be a retail shop. She said
the parking
and setbacks were alright,
Mr. Jacks commented that this pro shop looked like it was pretty well within
the
development rather than being close to the highway.
Mr. Jorgensen said it would not be for the general public, but would be
limited
to members and that tenants of -the apartments would all be members.
Mr. Jacks said they had had some problems with other pro shops becoming
more of a
retail store but that they had been located nearer the highway.
There was no one present to oppose the development plan.
Bill Kisor moved to approve the large scale development plan contingent
on
approval of getting the property rezoned as petitioned.
The motion, which was seconded by Jack Ray was approved unanimously.
V.
I •
VILLA NORTH
Next was the discussion of a third access point for Additional Access
Villa North, a proposed mobile home park to be
located North of the existing Villa Mobile Home.Park, West of College Avenue, the
South of Appleby Road.
The Planning Commission approved the conditional use request and preliminary plat
March 15, 1976, but required additional access.
Mr. Jacks said he and Planning Commission Chairman John Power had met with City Manager
Don Grimes and came up with three proposed accesses.
Attorney Marshall Carlisle said one of the alternate proposed accesses would have
torn up. Bill Murphy's property (adjoining property owner to the North); and one of
the alternate proposals would have run into the House of Honda on Highway 71 which
would have to be torn down, plus there would have to be a tremendous amount of
filling in done on the North end of Mr. Wilkinson's property because of a gully.
Mr. Carlisle said there was a high pressure gas line that runs to Jack Wilkinson's
property and they tied in with the right-of-way of it for a street. He said the
gas compnay had a 60 foot easement and were going to allow them to come within
5 feet of their West high pressure line (there are tow lines in this easement).
Mr. Carlisle said the proposed access would come off of Hacienda Street and go
Southeast and then would come back so it could go into Highway 71 approximately
150 feet North of the Coachouse Restaurant.
He said Mr. Murphy had agreed to give his half of the right-of-way of Hacienda
Street.
He also said they had met with Jack Wilkinson and went over this in detail with him
and had asked him to give them a letter to the City saying at the time construction
commences that he would grant a right-of-way to them (the City) in line with this
drawing.
He said Mr. Wilkinson had indicated that he would like to think about this and he
should have an answer in time for the Planning Commission meeting. (April 26, 1976).
If Mr. Wilkinson decided not to give them the right-of-way, Mr. Carlisle said they
had some alternatives to propose to him and felt that they could work the problem out.
Mr. Carlisle also brought out that there had been a proposal of joint expense as
discussed with the City Manager whereby Jim Ogden and Wade Bishop (Bishop Addition,
adjoining this property to the North) would take the money that they would have spent
to build a complete street with, curb and gutter for their adjacent property, and turn
it over to the City for expense money,
The City would then provide the labor and build a single 24 foot street (two lanes down
the centerline) all the way to Highway 71.
Ernest Jacks felt that this was a good compromise for the whole thing.
Mr. Carlisle said this access would not only relieve traffic through Villa North but
would also help relieve traffic flow through Appleby Road, which was a gravel street
going up to Bishop's Addition.
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opY 'a $499 NEW YORK (AP) — An up- trio; aftef .Rs board of duet
_ MCBROOM rising the home front tors met"and voted to eth�
• ANN wI1J1Ns M admiIisirahon orders.; and keep'
Thong, For `"' CONSTRUCTION' against attempted' control by him iarofflce rge ;;'w rr
ada•hu. we Alw �x a the ' national administration of I
Flt Any BOdgeR a.•*s•:»4L.n an e 839-2879 the Lutheran Church -Missouri the board•fof�t egAtlButamdtlggt,
eaonr sr, msr Synod this week hurtled the,de- also spurned orders'tausf"'1t3-
nomination further along a president; 'the Rev.a,l)r Rudolph_.
ASBELL SCHOOL AREA road toward breakup. Resameyer of Ne v; York„
2332 HATFIELD It was a classic struggle, in. declaring he wo,:i•emai
house m. over an a volving issues both of govern- president.,
in fireplace• block TMa heeroom, Irk bah. Ing rights and' the Bible. - ' ' I t..
aetrY heat, Staff members` Clad` urns= ,
1 rue t tae a , d S
kitchen with bu9f-m argue and Jn iklTruk frog, lava . , disposal, too of oanbkca, hope f milya What brought it to a critical both districts were; directed t0'
wane berbloc Facts xmn, large pus,, cI ,e(a, h a. 4414147, pitch was the clear-cut defiance continue functioning' under their
, yet a beak Toren, by two districts against orders regularly elected presidents
lox. In We Fork.
rat ' by the head of the church, the Other boards also : called' spe.,
827r'Od. Phone aJe• HY OWNER large brick home or duplex Rev. Dr. J.A.O. Preus of St, bier meetings, Saturdaycj
2243 N. COLLEGE oe ¢ W. t cttt'K aanti.a1s 56 Louis, to oust' their electedlthe Eastern ' district+.'headedliy;
521'•1180 ' interested "t'I°°'h'parum only. presidents, - the " equivalent , of the Rev. Dr. Herman'.:R;
t, fenced back See the New '76 Solid State Legal Notices bishops. Frineke of Buffalo; •N:Y,;,_and Indications were that two oth-sin- on Thursday in the New Eng-
y. Won't last UNITED STATES DISMar aouRS er affected districts were main- deL ;.&ishict-headed by, ....io
APACHE WET=N Dsrmar or ARKANSAS
Camper Trailers FAYETI'EVD.76- DIVISION
taming the same stand of direct del. a .:;.. .',. ,.'
at Sines Body Shop No. ra8.11C resistance, ,with presidents •of 'Both have -hid :conal3Lantly UNITED STATES OF AMERICA, four other districts saying they firm support from their -boards,
e the family ALAINTIFF, vs. D his EASISY DF�mva'°° Will not recognize such moves Altogether, the four i11unedi-
fee on these 2425 Old Farmington Road ANTS, by Dr. Preus.
Phone 442-2691 ORDER FOR SERVICE ON ABSENT „ ete00ly 8nembe districts ,have
2 8 prose. DEFENDANTS It means a likely realign- 315,000 members.•'Presidents'of:
Now on this 19 day or Mach, two, merit of congregations" apart four other :-districts • also' have.
YOUR OWN this can comes on for bearing on the from the denominational ad- repudiated"•.last years -con-
COUNTRY platntiffa- Motion for service on absent ministration, says - the- Rev. vention' ultimatum• to stop or-.
ESTATE defendant. and the court roe:
dale on Hwy, Have a spring and rank W 14 sae, 1. That the defendant, sin A. E,stay Robert J. Riedel of Springfield, daining graduates of the break -
restaurant in with ° mpr °p homereek with YI the and Anita J. Eedey, carrot be served Mass., president of the New away °seminary or face -die.
• mrnrata of the new, and so the Deanh- p°nen.ily wxhta the seta of Arlrarma England district and one of missal by Dr: Preus: - - - +�=
rw rhasau a theold. Priced m the and a0 not wwnteruy action those ordered removed. Such:;•attempted-.busters, all
6o'3 .a11 Frances Im,pfiam 4a.3LT/, 2. That this is an 'action to enforce
a lets upon teat property loose In Basically, the conflict stems eight -.district leaders - declare,
all city util- BE ABOVE this m'ut°t' from the effort of Dr. Preus, "
And view the It" M nt IS, IS U.S.C.THEREFORE. -ORDERED, will 'he*'actively"ignored by all
lane. 4 bedreon; 2 bath home mf tnlear the defendants shall bo1635, eathat th, cent backed conservative cma majority per of ijs
, UOfA. BONUS.. .me prim is SM.soo. Ion_ Cosa on or before May 14, 1976. l .(.• " chafing large den. YeeJ Y in DP'l?reus, in $ statement this
forma living A COPY of this order shall be son<d the impose
of 2.9 million, plea -5 .t -be had found two re -
65
South, all room and es eu-e kdnwn with extrew, on the absent defendants memoally u to impose a uniformly liter- Placements '— "the Rev, Jvould divide all Frances 4aJd9, practicable wherever found. and also alistic interpretation of Scrip- W.. Ba George
upon he person, or persona In tore. p ^"e��n of Elmhurst.
BELLA VISTA u ssession or in chorea or such property
Bl �;f irF �� .ILCCbt and the Rev,; persrrY Bervtm Is -riot PractiCable. So-called church moderates, Gilbert` --': oldseii • ,• of • - Batavia, -
COUNTRY CLUB this Order an be published m a news. an indicated 40
50.00. - This rand be row opexnurhyl Now Paper h,vlry a=Ymeral eapwauon m per cent of the N.Y.,'-for Dr. PYincke — but
is the SeanTor ttstasg and an the plivi wasllktgtop D9nmy. Arkamaa once a members, insist on leaving both hedged their response.
Iegm of the Country 0th ex wens week for fl¢°nse°nuve wok, prmr room for viewing some pas- "There -.is confusion and dif6-
41',
Home that is ready to move into toes, to the appearance date set herein, sages symbolically. OR Nites, complete with furiture and tiny cavpY Paul X.. WIWame They also cultyRev. . ID 'my ' own .heart,": the .
ea. Con Frnces Ianpum for detaW U.g. DISTRICT JUDGE c h e r g e the administration ; Bornemann said by
a3�lsE - (Stall moves violate the local Luther-
boardtelephone;yoteafttut the, , dlstrfct's'
7 I hereby py of that the foregoing
In this txo tour oe the m4slnY m Ells my long upheld by Luther- board - voted ' ,to .' uphold' Dr.
521.2305 In court. anise. Hecht in: -office. :Bornemaan
Pat L Graham, Jr., Clerk This week's open revolt came added be . would defy neither
Deputy Clerk after Dr. Preus, exercising spe- the board nor Or: Preus.
By Clydllf° Peeves,Clerk
'y.4ev� U.S:" DISTRSCT-'COURT-'WESTERN cial powers given him by last The Revt..Mr. Oldsen said his
DIST. INC.AEAANSAS FILED MAR 19, 1976 -year's closely divided con- course 'hinged'- on the' decision
C. Clerk
Pat ok ventionI ordered dismissal of at Saturday's board meeting. By Deputy
' : Clark four district presidents for or- The•breakawa seminary
a¢LLLt7ut1 gl'° X. Apra 2. 9, le. 2J. Jo Y: 4when'Was
daining ministers from a break• formed'-fq:' arly •1974 when most
Jan N College (A¢gv�f NOTICE away seminary. •of the faculfy' andstudent body
spe R.Marn : The rawuevulo CUY.snbatvtalom Corn. Never )before in the 129 -year of the -church's Concordia - Semi -
Shells Laogham f mate. "^ill review a large scale northetop- history,of the denomination had nary In' St. Lolifs'walked out 'In
Fr® Franc McDonald 44 3157 ment AP tli 28. 1076 that is on the north /
701 Mary McDonald 4434733 side of Hwy 18 West approximately 3e the central administration protest at administration inves-
Doyle Yates ' 521.M68 mile West a of . Hwy 71 Bypass and ap. sought to oust representatively tigations there the the . Bible' ls-
. Nadine (Mater JYatu 552121-4473 Road;°Aely y mile East of Rupple elected district leaders.. •sue and the firing of the semi• �'-"!
ropy 4 on, fns m the Cil liab any'°° 521.5949 Planftcgning Office. iy '.'It's. contrary to_the rights oil nary: -president;' the Rev.. Da congregations, said the Rev.John TJetjen:"r'. - .
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