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HomeMy WebLinkAbout1971-08-16 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS August 16, 1971 The Board of Directors of the City of Fayetteville, Arkansas, met in regular ' session on Monday, August 16, 1971, in the Directors Room of the City Admini- stration Building at 7:30 P.M. Present: City Manager Wesley M. Howe, City Clerk LoVetta Moore, City Attorney David Malone, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. Absent: None. Others Present: Representatives of the City Administration and Press. The minutes of the last regular meeting on August 2, 1971, copies of which had previously been mailed to each of the Directors, were approved. 1-244 The City Attorney read, at the Mayor's request, a proposed Ordinance in its entirety, entitled: AN ORDINANCE AMENDING ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM C-2, THOROUGH- FARE COMMERCIAL DISTRICT TO R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Boys, Inc. to rezone a twelve and one-half acre tract south of Highway 16 West and west of the Highway 71 By -Pass. Bryce Davis, representative for the petitioner, was present and answered questions from the Board. Items discussed were the sewer installation for this property and access roads to the By -Pass. Director Orton stated she would be opposed to rezoning this area because the Staff Report recommended the applicant consider refiling his application for a less intense district and because if this property were rezoned it would , be sandwiched between two Commercial zonings. City Attorney Malone discussed the Ordinance pertaining to limited access to the By -Pass. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", Orton. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. The Ordinance was then read for the second time. Director Orton commented that this rezoning could be delayed and the entire area presented for rezoning to one zone. Director McFerran described the future possibility of the entire tract being rezoned residential. Director Stanton moved that the rules be further, suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Utley, and upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", Orton. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. The Ordinance was then read for the third and final time. The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", Orton. There being six "Ayes" and only one "Nay", the Mayor declared the Ordinance passed. *Ordinance No. 1809 is on Pages 126-27 of Ordinance and Resolution Book 2. 244 The City Attorney read, at the Mayor's request, a proposed Ordinance in its 1-245 ' entirety entitled: AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1747 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 29, 1970, TO REZONE CERTAIN PROPERTY FROM R-0, RESIDENTIAL OFFICE DISTRICT TO C-2, THOROUGHFARE COMMERCIAL DISTRICT, said Ordinance resulting from a rezoning petition filed by Monsanto Company to rezone a lot located at the southwest corner of College Avenue and Dickson Street. Director Lancaster moved that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the second time. Director Stanton moved that the rules be further suspended and the Ordinance be placed on third and final reading. The motion was seconded by Director Purdy and passed unanimously. The Ordinance was then read for the third and final time. The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. *Ordinance No. 1810 is on Pages 128-29 of Ordinance and Resolution Book 2. Director Purdy reported on the Board of Adjustment regarding the variances 2-245 they have approved. He stated he has been attending Board of Adjustment meetings for some four months and in that length of time there have been 23 approvals, many with more than one variance within one application, four deferrals and one partial denial. This partial denial was brought back for reconsideration and was again deferred until one member on vacation could be present at the meeting. If this partial denial is approved in the future, there will be a record of complete approval on all applications submitted. For the entire year, 1971, only three applications have been denied. He further stated "This is far outside the spirit, intent and letter of the Ordinance. This is not a personal criticism of the Board of Adjustment members, but a strong difference of opinion regarding results being produced and requests for radical change in the pattern." Director Purdy particularly described the variances granted to Gulf Oil Co. on Highway 62 {Vest stating this company is so confident that it can get approval of variance that it had already put the sign up before the permit was obtained. City Attorney Malone described the letter he had written to the Board of Adjustment dated October 7, 1970, stating his legal opinion with respect to the powers of the Board under the new zoning Ordinance. He stated that one of the most important requirements for granting a variance is that it meet the conditions of "an undue hardship" and further stated that an inconvenience does not necessarily meet the requirements of an undue hard- ship. Director Stanton asked if the present Zoning Ordinance is too restrictive and felt that perhaps some study should be given to the sign ordinance before any action is taken against the Board of Adjustment. Mayor Starr stated he believed the members of the Board of Adjustment are neither incompetent or derelict in their duties, but rather confused and do not completely understand the sign ordinance. Director Lancaster stated that everyone keeps referring to this sign ordinance as a new ordinance. The planners on this overall zoning ordinance took about two or three years of hard work to come up with this ordinance and it was finally adopted. One sign company did not take advantage of any Planning Commission meetings on this and after it was passed we get these repeals back. Concerning Gulf Oil Co., we have an ordinance on the books that is law, or should be. He could not believe that all these approvals have been granted because there is a hardship on someone. 24S Director Orton stated the City Attorney has made an attempt to explain their duties to the Board of Adjustment and she feels we have a serious problem before us. She believes they are doing what they feel is the right thing but ' she feels it is back on this Board to do something about it. Mrs. Laird Archer, a member of the audience, spoke in opposition to some of the Board of Adjustment's approvals. She stated the City has passed a mild and reasonable Ordinance for signs. She described signs and billboards as a "private use of a public facility" and said she allowed her property to be annexed into the City to allow the City to protect the Bypass from un- sightly signs. Mayor Starr discussed the difficulty of finding qualified people to serve on these Boards and stated it is the Board of Adjustment's opinion that the Ordinance is under review and is being changed, but agreed that the Ordinance we presently have is in effect and should be enforced. Director Orton said the proposed changes to the sign regulations now before the City Planning Commission are generally more restrictive than the regulations currently applicable, so that the variances being granted by the Adjustment Board would not be authorized in any event. Following lengthy discussion by the Board and members of the audience, Director Purdy moved that the Board of Directors go on record as strongly opposing the wholesale issuance of zoning variances and as requesting that the Board of Adjustment bring its activities more nearly in line with Article 10, Section B of the zoning ordinance. Director Utley recommended that the words "more nearly" be omitted from the motion and Director Stanton recommended changing the word "wholesale" to unwarranted. Director Purdy amended his motion to read as follows: "I move that the Board of Directors go on record as strongly opposing the unwarranted issuance of zoning variances and as requesting that the Board of Adjustment bring its activities in line with Article 10, Section B of the zoning ordinance." The amended motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster, and Utley. "Nay", Starr and Stanton. There being five "Ayes" and two "Nays", the Mayor declared the motion passed. Director Purdy made a second motion stating: "I move that the Board of Directors authorize the City Attorney to start legal action immediately to reverse the action of the Board of Adjustment in granting five variances to the Gulf Oil Company on Highway 62 West. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Lancaster and Utley. "Nay", Starr and Stanton. There being five "Ayes" and two "Nays", the Mayor declared the motion passed. Following passage of Director Purdy's motions, Director Stanton asked if Gulf Oil Company could appeal this action and City Attorney Malone stated yes, they could appeal it in Circuit Court. 1-246 City Manager Howe discussed changes in the Interim Assistance Budget stating that the total amount budgeted had not been altered but adjustments had been made in the breakdown. Director McFerran moved that the amended Interim Assistance Budget be approved. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. I "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. are City Manager Howe read a memo from the General Fund Finance Committee of this Board for the benefit of the audience. The memo stated, in effect, that although the Committee regards many items originally cut from the budget as real and serious needs to improve services, it does not recommend acceptance of Federal and State assistance because of the limited revenues under available sources. Members of the Board commented on this memo. City Manager Howe asked that he be authorized to inform the law enforcement department that we will not be submitting an application for matching funds. The Board agreed to this request by Mr. Howe. City Manager Howe read a memo from the Public Works and General Fund Committees of this Board for the benefit of the audience. The memo listed several items which should be accomplished but recommended that action on these items be delayed until after the Board outlines a program of improved services and capital improvements to the public at a series of public meetings and present alternatives to get public reaction and thinking on how best to finance such improvements. Director Lancaster stated he would be opposed to approving anything the City residents were opposed to and the only thing left to do is to go back to the people and enlighten them as to the need. Director Lancaster asked if money received from a particular source could be earmarked for law enforcement, street improvements, or some other item. The Board seemed to agree that some- thing of this type could be accomplished. Following further discussion, Mayor Starr directed Mr. Howe to prepare a program for presenting the needs and possible ways of raising revenues to the public. It was suggested that the presentation show what our present funds are and how they are being used and also show what the proposed funds would do. City Manager Howe read a memo to the Board of Directors regarding an editorial in the Northwest Arkansas Times of August 16 concerning City Administration expenditures. Mr. Howe's remarks were especially in reply to the statement "...the cost of city administration is at least debatable..." Mr. Howe said this statement represents a gross ignorance of the recent history of the City's finance and stated several facts supporting his remarks. At the conclusion of Mr. Howe's remarks, Director Stanton stated that factual reporting would make the public feel a little more like supporting this Board and the City Administration. Tom Keith, representative of the Northwest Arkansas Times, replied to Mr. Howe's remarks stating he believes the Northwest Arkansas Times has presented a factual account of what the Board has done and also what it has done with its budgets. He further said the Times is not a public relations agency for the City and that the editorial in question is not based on gross ignorance. Director Utley expressed support of the City Manager's statement. City Attorney Malone read, at the Mayor's request, a proposed Resolution authorizing the borrowing of $100,000 to provide matching funds for Federal Aviation Assistance to improve Drake Field, the funds to be repaid from airport revenues. City Manager Howe discussed projected revenues, and operating expenditures. ' Director Lancaster moved that the Resolution be adopted. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 53-71 is on Page 112 of Ordinance and Resolution Book 2. 247 1-247 1 2-247 1 3-247 1 4-247 1 1-248 Dr. Garland Melton, Jr., representative for the City on the Northwest Arkansas Regional Planning Commission (NWARPC), spoke concerning future agreements the ' City might enter into with rural water associations. He advised the Board to approach with caution and care any agreements with rural water associations who are planning to serve rural areas within the Fayetteville service area. He said the Board should satisfy themselves as to who will serve these areas with sewers and when such service will be made available prior to entering into any agreements. The agreements should also cover future ownership and maintenance of these water lines. He further warned that there is a need to make sure those who are responsible for the rural water systems are made re- sponsible to the people. He stressed the fact that the loans would be for a 40 -year period and advised the Board to approach any agreements with fore- thought and caution with a concern for the future. He advised the Board of a meeting to be held August 26 at the Holidan Inn in Rogers and recommended some representatives of this Board be present. He further stated it is the recommendation of the NWARPC that the vehicle chosen by the Federal Government, the "Rural Development Cooperation" be the vehicle to get the water into the counties. Its members are appointed by the County Judge and both County Judges have indicated they would be very happy if the members of these two bodies could be elected by the people of their two counties (Benton and Washington). This offers much in terms of positive development for the area. City Manager Howe commented on Dr. Melton's report and agreed that we need to take a good hard look at the future because of those who will be serving the City in the future. Mayor Starr expressed the Board's appreciation for Dr. Melton's remaining on the NWARPC beyond the call of duty and assured him some members of this Board ' would be in attendance at the meeting in Rogers. Mayor Starr further commented that although this offers a lot to this area, if we put this in and put it into an area where our soil cannot accommodate it, we have created a "two county cesspool that doesn't work very well." He liked the suggestion of the people responsible for the accomplishment of this project being elected by the people and if they do not perform their responsibilities satisfactorily, they can be voted out. 2-248 City Manager Howe read Administrative Memo 11192 regarding Solid Waste Disposal. The memo stated the City of Fayetteville currently uses an incinerator and a dump for solid waste disposal but the community is in need of better solid waste disposal facilities and the answer is generally assumed to be a sanitary land fill. The NWARPC has recommended that a land fill operation be located in the Lake Wedington portion of Ozarks National Forest for Washington and Benton Counties. Following discussion by the Board, Mayor Starr instructed Mr. Howe to make a cost study of hauling City garbage and trash to a site 14-16 miles away. The only cost would be transportation. It appears that the cost of operating a County land fill would cost about the same as the cost of the incinerator. 3-248 City Manager Howe introduced Dr. W. E. Sohl, a member of the Pollution Control Commission, who gave a report on the Commission's research proposal for developing a method for finding ground water leaks into the sewer system and exploring methods of repair simpler than digging the pipe, all at no cost to the City. Dr. Sohl proposed that a team of University professors, including himself, ' Drs. Zinke and Thatcher, undertake a research project to discover the breaks in sewer lines where ground water flows into the sewer system. They plan to experiment with a procedure involving the use of electric thermometers to discover leaks and once leaks are determined they will attempt to repair the 248 leaks by drilling a hole to the point where the ground water flows into the ' line and use a special type of foam to seal the leaks. The experiment project will require no cash outlay by the City but will require the City to provide an employee to open manholes, erect barricades, and provide necessary protection for those working on the project. It is anticipated the project can be imple- mented within the next month. The City Attorney read, at the Mayor's request, a proposed Resolution authorizing 1-249 the Housing Authority of the City of Fayetteville to amend an application to the Department of Housing and Urban Development to provide 100 family dwelling units through leasing from private owners. Dave Faught, Assistant Executive Director of the Housing Authority of the City, was present and answered questions from the Board. Director Stanton moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 54-71 is on Page 113 of Ordinance and Resolution Book 2. City Manager Howe presented an application for a private club to be known as 2-249 Captain's Table, Inc., d/b/a Wine Cellar, located on North College Avenue, for approval by the Board. Following discussion, Director Purdy moved that the sale of alocoholic beverages as outlined, be approved. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the application approved. City Manager Howe read, at the Mayor's request, a proposed Resolution to approve 3-249 the application of asphaltic material to prepared road bed surfaces to certain streets as part of the Interim Assistance Program. The streets set out in the Resolution were portions of Washington Avenue, Meadow Street, County Avenue, Mountain Street, and Walnut Avenue. The improvement costs to said streets would be partially covered under the I.A.P. Grant. Director McFerran moved that the Resolution be adopted. The motion was seconded by Director Orton, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution passed. *Resolution No. 55-71 is on Page 114 of Ordinance and Resolution Book 2. City Manager Howe reported that bids had been received and tabulated for the 4-249 purchase of Regular Gasoline for a contract period from August 16, 1971 through December 31, 1971. He recommended the bid be awarded to Gulf Oil Company, the low bidder, at $0.1997 per gallon. Director McFerran moved that the City Manager's recommendation be approved and this bid be awarded to the lowest bidder. The motion was seconded by Director Purdy, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. iii 1-250 City Manager Howe reported bids had also been received and tabulated for the purchase of cement -asbestos pipe and recommended the bid be awarded to , Johns -Manville. This company was the lowest bidder on every item except one. Director Stanton moved that the City Manager's recommendation be approved and the bid be awarded to Johns -Manville, the accepted low bidder. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye", Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. There being no further business, Director Purdy moved that the meeting be adjourned and the next regular meeting be held on Tuesday, September 7, due the 6th being a Holiday. The motion was seconded by Director Orton, and rssed unanimously, whereupon the Mayor declared the meeting adjourned. , \\ APPROVED ATTEST:r/Q LoVetta Moore, City Clerk 250