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HomeMy WebLinkAbout1972-12-05 MinutesMINUTES OF A REGULAR MEETING OF BOARD OF DIRECTORS DECEMBER 5, 1972 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, December 5, 1972 in the Directors Room of the City Administration Building at 7230 P.M, Present: City Manager Donald Grimes, Administrative Assistant Sturman Mackey, Administrative Aide David McWethy, City Attorney David Malone, City Clerk Helen Young, and Directors Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. Directors Absent: None. Others Present! Representatives of the press and Board members,elect Carlson, Murray, and Noland. Minutes of the November 21, 1972 meeting had been distributed to each Board member prior to the meeting. There being no corrections or additions to the minutes of the November 21, 1972 meeting, the Mayor declared the minutes approved as mailed. The next item on the agenda was consideration of rezoning appeal by Vernon Wilson to rezone a 1.05 acre tract of land located south of James Street from R,2, Medium Density Residential, to C-1, Neighborhood Commercial District. The Planning Commission recommended denial of the rezoning request. Mr. Vernon Wilson was present at the meeting. Mr. Wilson presented a statement signed by about 17 neighbors stating they had no objection for C-1, Neighborhood Commercial zoning, on Lots 6. 81 9� 10 McCormick Addition, Washington County, Arkansas. Mr. Hugh Shaddox and others present at the meeting questioned the petition, asking whether the signatures were certified signatures and commenting that many of the people represented by signatures on the statement have no reason to be interested in the rezoning matter. Mr. Wilson stated that he did not feel he was duly considered by the Planning Commission because the Planning Commission said some people on James Street objected to the proposed rezoning. He added that he was asking that the City give him zoning to replace the property that he dedicated to the City as a street, He said the land is located in the corner of two highways and adjacent to a shopping center and he did not feel any other use of the land except for C-1 purposes would be appropriate. Mr. James McCormick who lives on Nit. Comfort Road stated that commercial zoning will come down Mt. Comfort Road eventually and he objects to this proposed rezoning, Mr, Pete Petty of the Washington -Madison Association commented that he felt James Street would make a logical boundary for the commercial zone since it is already commercial on the other side. fie added that the Planning Commission has already said the Washington -Madison Association could proceed with a professional building out of the old church building which is located on James Street and is owned by the Washington -Madison Association. Mr. Shaddox stated that the traffic problems in the area would be compounded by commercial zoning on the street. Mr. Wilson said the exits would be on Garland Street, and added that, "I can't see where James Street would be an artery of travel," 105 Director Stanton asked whether Mr. Wilson planned to have a buffer zone for the property. Mr. Wilson stated that he is willing to have a buffer zone of R -O. He added that he had promised the neighbors they would not be looking into the side of a store. "I can't see where there would be a devaluation of property," Mr. Wilson said, Director Orton said she would want to go along with the Planning Commission's decision, Director Stanton stated that this area might be a place to develop commer- cial property and not have commercial scattered up and down Garland. Director Utley commented that a compromise whereby Mr. Wilson could pro- vide the buffer the property owners want would be worth considering. Director Orton suggested that the Board table this matter until the next meeting of the Board to allow further consideration of a compromise. Mayor Starr instructed Mr. Wilson to decide what he is willing to do and take a definite proposal to the City Attorney who will draw up a proposed ordinance for the consideration of the Board at its next regular meeting. Director Utley moved this rezoning petition be tabled until the next regular meeting of the Board. Director Stanton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None, Director Lancaster asked that the zoning of the property south of the parsonage be confirmed before the next regular meeting of the Board. The City Attorney agreed to check on the zoning of the property south of the parsonage. Upon request of the Mayor, the City Attorney read an ordinance to rezone property located on the southeast corner of the intersection of North College Avenue (Highway 71 North) and Zion Road from A-1. Agricultural District, to C-2, Thoroughfare Commercial District. This was the second reading of the proposed ordinance. Mr. Tom Burke, Attorney representing Mr, J. B. flays, the petitioner, stated that the Board's concern that should this rezoning be approved it would start a trend of commercial zoning down Zion Road was a legitimate concern, but that protection of Zion Road could be had without forcing Mr. Hays to provide a buffer. Other property, Mr. Burke said, could provide the buffer. Mr. Burke noted that Mr. flays has 850 feet of property and it would be harsh to him to ask him to shave off a portion of his property for other zoning. Director Stanton reviewed uses of other property in the area and stated that it does not seem unreasonable that this area could be zoned commer- cial all the way back. "It would give it a conforming line," Director Stanton said. Director Orton commented that the intent of the Staff Report was that there be a transition zone. She said she liked Director Purdy's idea expressed at the November 21st meeting of the Board to split the property into two parts with the west half being used for commercial purposes with the stipulation that a commercial establishment not face Zion Road, and that the east half be used for R -O purposes. Mrs. T. C, Carlson, Jr, asked that it be put on record that she objects to the rezoning of this property. James Jones, a resident of Zion Road, said he would like to preserve the residential zone for 'Zion Road. 106 Director Stanton stated that this area is the new business section of Fayetteville so he feels the City should make a commercial zone out of the area and allow businesses there. Director Orton commented that this property as R -O would fit in with what is happening on both sides of the highway. Director McFerran stated his concern about the church serving*as a buffer for the property since the church may not stay there. He said he would rather protect the residents of the area by buffering with Mr. Hays' property, Mr. Burke said the development Mr. Hays plans for the area will be a high quality development, Director Stanton moved the rules be suspended and the Ordinance be placed on third and final reading. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" McFerran, Starr, Lancaster, Utley and Stanton. "Nays" Orton and Purdy. City Attorney Malone -read the Ordinance a third time, after which Mayor Starr asked the question, 119hall the Ordinance pass?" Upon roll call the following vote was recordedi "Ayes" McFerran, Starr, Lancaster, Utley and Stanton. "Nays" Orton and Purdy. There being five "Ayes"'and two "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1890 appears on page 116 of Ordinance and Resolution Book 3. Mr. Marshall Carlisle, Attorney representing Holley -Ogden Enterprises, Inc. d/b/a Villa Mobile Home Park, presented the history of the attempt to receive water and sewer line rebate, contending that the water and sewer lines were completed on September 9, 1970 to a degree necessary to qualify for a rebate. Mr. H. D. Christner and Mr. Denny Tune, construction superintendent and contractor respectively, were present at the meeting to verify statements made by Mr. Carlisle. In answer to City Attorney Malone's question, Mr. Carlisle said the total investment into water and sewer lines for this project was $47,000. City Manager Grimes said there may have been other projects under construction at the same time as Villa Mobile Home Park, Director Purdy noted that this appeal was before the Board two years "after the fact" and stated that he felt the Board now should not say whether the decision made by the former City Manager was right or wrong, City Attorney Malone said the full blame for the delay should not be placed on Holley -Ogden Enterprises since the appeal was filed within the thirty day time limit set for such appeals. Other Board members expressed feelings that they felt the City Manager and Water and Sewer Committee acted in good faith when they reviewed the request for rebate and that the present Board has nothing to go on to prove the original decision to deny the rebate was wrong. Mayor Starr recommended that the City Manager be authorized to pay $2,770 for the off-site lines and have the City Engineer review the matter of oversizing of the Water and sewer lines within thedevel,opment to determine how much money would be involved should the oversize enter into the matter. It was the will of the Board to accept Mayor Starr's recommendation. Director Purdy moved the appeal by Holley -Ogden Enterprises, Inc. d/b/a Villa Mobile Home Park be denied. Director Orton seconded the motion. Upon roll call the following vote was recordedi 107 "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Utley. "Nays" None, Director Stanton abstained from voting, Upon request of the Mayor, the City Attorney read a proposed Ordinance to permit the expansion of owner -occupied, non -conforming residences. City Manager Grimes explained that this ordinance would allow expansion of owner -occupied, non -conforming residences without requiring owners of non -conforming property to go through the rezoning process, Mr. Grimes recommended that the proposed ordinance be amended to place a limitation on the amount of expansion permitted at 25 percent of the square footage of floor area of the existing structure at the time the property was made non -conforming. Mr. Grimes also suggested an amendment to allow accessory buildings or structures. City Attorney Malone read paragraph 8 of the proposed ordinance including amendments suggested by City Manager Grimes. Director Lancaster moved the proposed ordinance be amended as recommended by City Manager Grimes. Director Purdy seconded the motion. Upon roll call the following vote was recordedF "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Stanton, "Nays" None. Director Utley abstained from voting. Director Lancaster moved the rules be suspended and the Ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call the motion passed with six "Ayes", no "Nays", and Director Utley abstaining. City Attorney Malone read the Ordinance the second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading, Director McFerran seconded the motion. Upon roll call the motion passed with six "Ayes", no "Nays, and Director Utley abstaining, The City Attorney read the Ordinance a third time, after which Mayor Starr asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster and Stanton. "Nays" None. Director Utley abstained from voting. There being six "Ayes". no "Nays" and one abstaining vote, the Mayor declared the Ordinance passed. *Ordinance No. 1891 appears on page 117 of Ordinance and Resolution Book 31 The next item on the agenda was consideration of a resolution authorizing the application for a $1,000,000 HUD loan for the rural water distribution system in the Fayetteville growth area east. City Manager Grimes explained that having the application in soon might avoid time delays if the City decides to go this route for the financing of the rural water distribution system, Director McFerran moved the resolution authorizing the City Manager to file an application for a $1,000,000 HUD loan be approved. Director Lancaster seconded the motion. Upon roll call the following vote was recorded: I'Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. I'Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 58-72 appears on page 85 of Ordinance and Resolution Book 3. W1161 Upon request of the Mayor, the City Attorney read a proposed ordinance to name a street running east/west between Lime Kiln Road and Johnson Road. Mr. Patrick J. Van Asche petitioned to have the street named "Van Asche Drive" Director McFerran moved the rules be suspended and the Ordinance be placed on second reading. Director Orton seconded the motion. Upon roll call the motion passed unanimously. The City Attorney read the Ordinance a second time. Director Purdy moved the rules be further suspended and the Ordinance be placed on third and final reading. Director McFerran seconded the motion. Upon roll call the motion passed unanimously. City Attorney Malone read the Ordinance a third time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, McFerran, Starr, Lancaster, Utley and Stanton. "Nays" None, There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. 1892 appears on page 118 of Ordinance and Resolution Book 3. Director McFerran reported upcoming vacancies on various City committees and boards and asked the assistance of the press in finding persons who would be interested in working on the committees, Director McFerran stated that the Nominating Committee will have a report sometime in December with a complete slate of nominees for the Board7s consideration. Mayor Starr asked the members of the press to publicize the vacancies on the various committees and boards and inform the public they may call the City Manager's Office if they would be interested in working on any of the committees. Director McFerran also suggested that a project for the Community Appearance Committee might be to encourage tree planting in the City. Director Stanton added that the Plat Review Committee might also encourage large scale developers to leave some space for planting trees. City Manager Grimes announced that he had authorized the low bidder for construction work at the Airport Terminal Building to proceed so Scheduled Skyways could meet the December deadline on operations from the main terminal building, The low bid was from Jack Burge Construction Company in the amount of $1,100.00. Director Purdy moved the low bid be approved and the City Manager's action be ratified and approved. Director McFerran seconded the motion. Upon roll call the motion passed unanimously, City Manager Grimes announced that Hertz Rent�A-Car (Carco) signed an agreement which authorized them to construct and operate a car washing structure at the airport site. A site has been chosen for the car washing facility but there will be drainage problems. Mr. Grimes expressed concern about whether the septic system would be suitable to handle the waste from the car wash. He asked tne Board's opinions as to whether the City should proceed with allowing the car wash to be installed. Director Orton said a permit from the State Pollution Control Commission would be necessary. Mr. Grimes stated that Hertz Rent-A-Car said they had received a permit. Director Stanton commented that there will not be that much waste from washing cars and they can be required to connect to the sewer when the sewer lines are installed in that area. 109 In answer to Director Purdy's question, City Manager Grimes said the car wash would be required to connect to the City sewer system when the service is available to them. City Manager Grimes announced that McClelland Consulting Engineers had done some preliminary design work for a bridge on Sycamore Street, He asked the Board's authorization to employ McClelland Consulting Engineers to do the design work on the bridge, railroad crossing and street which were discussed at the November 8, 1972 meeting of the Board. The fee for the engineering services will be approximately $4,000. A discussion was held concerning the proper way to proceed with the plans and whether Sycamore Street is the best place to cross the railroad tracks. Director McFerran moved that the City Manager be authorized to employ McClelland Consulting Engineers to do design work for a bridge to cross Skull Creek, a railroad crossing at Sycamore and Gregg Streets, and to draw preliminary plans for the portion of Sycamore Street between the western property line of the subdivision development to Leverett Avenue. Director Utley seconded the motion. Upon roll call the motion passed unanimously, City Manager Grimes announced that an allocation will be made in the 19736 Budget and Work Program for the Community Appearance Committee to be used for beautification in the City of Fayetteville. The City Manager called a meeting of the Water and Sewer Committee for November 11 at 400 P.M, to open bids from prospective financial consultants on the 1972 Water and Sewer Revenue Bonds, In answer to Director Stanton's question, the City Attorney advised that an ordinance would be necessary to name a street which is presently known by several different names, one of which is Crossover Road. Mr. Paul Noland announced that he had received some suggestions as to what the street might be named. The City Attorney agreed to prepare an ordinance to name the street when a name is chosen, T�e City Attorney announced that he will mail a copy of the proposed lease agreement for hangar space at the airport between the City of Fayetteville and Tysonfs Foods, Inc. This agreement will be considered at the next regular meeting of the Board. There being no further business, Director Utley moved the meeting be adjourned. Director Stanton seconded the motion. The motion passed unanimously whereupon the Mayor declared the meeting adjour�ned, ATTEST: City�/C I eryJ APPROVED: 110