HomeMy WebLinkAbout1972-12-19 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
DECEMBER 19, 1972
The Board of Directors of the City of Fayetteville, Arkansas met in regular
session on Tuesday, December 19, 1972 in the Directors Room of the City
Administration Building at 7:30 PvM#
Present: City Manager Donald L. 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 December 5. 1972 meeting had been distributed to each Board member
prior to the meeting. Director Orton noted an error on page 110, paragraph two,
which read, western property line of the subdivision development to Gregg
Avenue," The minutes were corrected to read . . . western property line of the
subdivision development to Leverett Avenue." The minutes were approved as
amended.
Upon request of Mayor Starr, the City Attorney read a proposed Ordinance entitled,
"AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, REPAIR, ALTERATION, LOCATION,
OR MAINTENANCE OF SIGNS WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS;THE ISSUANCE OF
PERMITS AID FEES THEREFOR; THE REVOCATION OF PERMITS; INSPECTION AND FEES THEREFOR;
REPEAL OF CERTAIN ORDINANCES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF."
Mr. Ernie Jac�s, Planning Commission member who served as chairman of the committee
to prepare a sign ordinance, was present at the meeting to answer questions of the
Board and audience.
During a lengthy discussion, the follo*i-ng amendments were proposed:
1. That the definition of wall sign in Section 17B-2 be clatified by adding the
underlined portion of the following phrase, " . . . said wall sign shall not
project above the top of the wall of the building or beyond the end of the
building."
2, That Section 17B,3 be amended to correct an oversight by adding the underlined
portion of the following phrase, . . . except as exempted under 17B-5 or
Section 17B-6 . . . 11
3. That Section 17B -3(a)(1) be amended by deleting the word "initial" from the
statement which read, "Initial permit fee of $2.00 plus $0.05 per square foot
of sign face." This amendment resulted from question asked by Jim Wooten as
to whether the initial permit fee would cover changing or altering a sign.
Director Orton said the fee was so small it should be paid again when a new
permit was requested for changing or altering a sign.
4. Board member -elect Carlson noted that Section 17B -4(c) should be amended to
include permittee, owner and property owner rather than permittee only.
S. Director Orton asked which non -conformities would be allowed to stand until the
nature or name of the business were changed. Section 17B -5(a)(1) was clarified
by adding the underlined portion of the following statement, "All non -conforming
signs relating to a place of business and located on the same premises as such
place of business not otherwise prohibited by the provisions of this ordinance,
may be continued until:"
ill
6. Director Orton commented there would be a problem in administering this
ordinance since it calls for information about any lease agreement in
effect for a non -conforming sign to be placed on file in the Office of
the Building Inspector within one year following the adoption of this
ordinance. Director Orton suggested that all non -conforming signs come
down within three years regardless of the lease agreement, City Attorney
Malone advised that the clause be left in the ordinance for legal reasons.
Mrs. T, C, Carlson, Jr, suggested that the statement be re -worded to say
that information "regarding the lease agreement that was in effect on
the effective date of this ordinancelf, be placed on file in the Office
of the Building Inspector. This would prevent new leases being put into
effect on non -conforming signs. After further discussion it was decided
that a copy of the lease agreement is not necessary for the files, but
rather a sworn statement of the terms of the lease agreement would be
sufficient for the City's records, The City Attorney re -worded the phrase
to say, a sworn statement of the terms of the lease agreement that
was in effect on the effective date of this ordinance. , if
7. Director Orton noted that the proposed ordinance provided that free standing
signs in "C' Districts shall be set back a minimum of 25 feet from the
boundary of 11R11 or "R-011 Districts and she felt the same provision should
be stated for free standing signs in other districts, Mr, Jacks stated
that he felt it would be a good provision. City Attorney Malone stated
that Section 17B-9(a)d regarding "A,1" Districts and Section 17B-9(d)(3)c
regarding "I" Districts could be amended to provide that free standing
signs shall be set back 25 feet from the boundary of "R" or "R�O"
District.
City Attorney Malone summarized the suggested amendments. Director Lancaster
moved the above�mentioned amendments be adopted. Director Stanton seconded
the motion, Upon roll call the motion passed unanimously.
A suggestion was made that Section 17B -5(a) be amended to correct an over-
sight by changing the word "section" to "chapter",
Jim Wooten questioned whether oil companies would be allowed to change
gasoline prices on free standing non -conforming signs. The City Attorney stated
that according to the proposed ordinance that would not be permitted. Director
Orton contended that the signs should be caused to become conforming before
the numbers or letters on the signs could be changed. Others felt the
provision should be less restrictive for signs with changeable numbers and
letters such as the movie marquees and signs containing gasoline prices.
Director Stanton moved that Section 17B -6(h) be amended to provide that
lettering and numbering could be changed on signs that are designed for
changeable lettering and numbering, and further that Section 17B -5(a) be
amended to change the word "section" to "chapter". Director Lancaster seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" McFerran, Starr, Lancaster, Utley and Stanton,
"Nays" Orton,
Director Purdy abstained from voting.
The matter of appeal was discussed. The City Attorney advised that appeals
would have to be taken to the Circuit Court.
A representative of Donrey Outdoor Advertising questioned the reason for
the consideration of a sign ordinance, The City Attorney advised that the
preamble to the proposed ordinance states the purpose of the ordinance.
Director Stanton moved the rules be suspended and the Ordinance as amended be
placed on second reading, Director Purdy seconded the motion.
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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 Stanton seconded the motion. Upon roll
call the motion passed unanimously, The City Attorney 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 adopted.
*Ordinance No. 1893 appears on pages 119 through 132 of Ordinance and Resolution
Book 3,
The 1973 Annual Budget and Work Program for the General Fund, Sanitation Fund
and Public Works Fund was presented to the Board. Also, the proposed 1973 Pay
Plan was presented to the Board.
City Manager Grimes recommended that the Board authorize the spending of up to
ten percent of the 1973 budgeted amount in personnel, equipment, materials,
supplies and contractual services categories until such time as the 1973 Annual
Budget and Work Program is finally adopted.
Director McFerran moved the City Manager's recommendation be approved, Director
Orton seconded the motion, Upon roll call the motion passed unanimously.
City Attorney Malone presented altered request submitted by Mr, Vernon Wilson
regarding his compromise on rezoning appeal. The City Attorney stated that
Mr, Wilson would be willing to have the two western lots left as is if the two
eastern properties could be rezoned to C-1.
Mr. Wilson stated that he felt this was a more than fair compromise,
Board member -elect Murray commented that he felt altered proposals such as this
should be sent back to the Planning Commission for their review.
One person in the audience presented a petition containing about ten signatures
of property owners in the vicinity of the proposed rezoning. The petiton stated,
"We. the undersigned, are opposed to a suggested rezoning of a tract of larid
located adjacent to, and south of, James Street from its present R-2 (Medium
Density Residential) status to C-1 (Neighborhood Commercial District)."
Another person in the audience, a resident of North Street, stated that she was
opposed to the rezoning because of the traffic problems which would result from
another business in the section near James Street.
No action was taken on the matter which resulted in sustaining the Planning
Commission's recommendation of denial of the rezoning.
Upon request of Mayor Starr, City Attorney Malone read a proposed Ordinance to
rezone a seven -acre tract of land on the south side of Highway 45 East approximately
1/2 mile east of Highway 265 from R-1. Low Density Residential, to A-1,
Agricultural District. The proposed rezoning resulted from request by Gertrude
Flynn.
Director Stanton moved the rules be suspended and the Ordinance be placed on
second reading. Director Lancaster seconded the motion which 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 Orton seconded the motion. Upon roll call
the motion passed unanimously.
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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, 1894 appears on pages 133 and 134 of Ordinance and Resolution
Book 3,
Upon request of the Mayor, the City Attorney read a proposed Ordinance to
rezone property located on the east side of North College, Avenue and south of
Rolling Hills Drive from R-1, Low Density Residential, to C-2, Thoroughfare
Commercial District, The proposed rezoning resulted from request by
Johnie Bassett.
Director Lancaster moved the rules be suspended and the Ordinance be placed
on second reading. Director McFerran seconded the motion. Upon roll call
the motion passed with,six "Ayes" and one abstaining vote from Director
Stanton,
City Attorney Malone 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 Lancaster seconded the motion.
The motion passed with six "Ayes", no "Nays" and one abstaining vote from
Director Stanton,
The City Attorney 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 and Utley.
"Nays" None.
Director Stanton abstained from voting.
There being six "Ayes", no "Nays" and one abstaining vote the Mayor declared
the Ordinance passed.
*Ordinance No, 1894 appears on pages 133 and 134 of Ordinance and Resolution
Book 3.
Upon request of the Mayor, the City Attorney read a proposed Ordinance to
rezone property located on the east side of Old Missouri Road and immediately
north of the Butterfield Trail School property from R-1. Low Density Residential,
to A-1, Agricultural District, The proposed use of the land is for a nursing
home. The proposed rezon�ng resulted from request by Paul Young III.
In answer to Director Orton's question the City Attorney said the nursing home
would be a single story structure containing 100 units.
Director Purdy asked whether the nursing home would be privately owned. The
City Attorney stated that it would.
Director Purdy moved the rules be suspended and the Ordinance be placed on
second reading. Director McFerran seconded the motion. Upon roll call the
motion passed unanimously.
The City Attorney read the Ordinance a second time.
Director Lancaster moved the rules be further suspended and the Ordinance be
placed on third and final reading. Director Utley seconded the motion,
Upon roll call the motion passed unanimously.
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The City Attorney 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. 1894 appears on pages 133 and 134 of Ordinance and Resolution
Book 3. -
Attorney Tom Pearson, representing Oliver W. Ostmeyer in his appeal of the
Planning Commission denial of request to rezone property located at 701 North
College Avenue (between Trenton and Prospect Streets) from R�O, Residential
Office, to C-2. Thoroughfare Commercial District, stated that the purpose of the
proposed rezoning was to allow Mr. Ostmeyer to sell travel trailers in conjunction
with operating his real estate office. Mr. Pearson further stated that it is
easier to get in and out of Mr. Ostmeyer's property than it is at other places
where strip zoning was approved. A discussion followed concerning the fact that
this property was once zoned for commercial uses and was rezoned to R -O because
of the access and egress problems and the heavy traffic volume on Highway 71.
Mr. Pearson contended that Mr. Ostmeyer's pr operty is distinct since it does have
better access and egress than other properties in the area.
Director Lancaster commented that the entire block should be considered as a whole
by the Planning Commission.
Director Utley moved the City Attorney be directed to prepare an ordinance to
rezone Mr. Ostmeyer's property from R -O to C-2, Director Stanton seconded the
motion, Upon roll call the following vote was recorded:
"Ayes" Starr, Utley and Stanton.
"Nays" Orton, Purdy, McFerran and Lancaster,
There being three "Ayes" and four "Nays" the motion did not pass.
City Manager Grimes announced that bids had been received from prospective fiscal
agents and he recommended that the fiscal agent contract be awarded to the low
bidder, First Southwest Company of Dallas, Texas for the low bid price of $3.746 per
$1,000 par value.
City Attorney Malone read a proposed resolution authorizing the fiscal agent
contract with First Southwest Company of Dallas, Texas, The City Attorney
explained the contract terms,
In answer to Director Orton's question, City Attorney Malone explained that the
proposed resolution was only to employ an agent to advise the City, not to release
the bonds.
John Lewis of First National Bank of Fayetteville stated that he felt this was an
outstanding contract for the City of Fayetteville.
Director McFerran moved the resolution be adopted. Director Lancaster seconded
the motion. 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 resolution adopted.
*Resolution No. 59-72 appears on page 86 of Ordinance and Resolution Book 3.
Board member -elect Noland presented a recommendation that a road presently known
as Old Wire Road, Buckner -Braden Road, Crossover Road, Joyce Street, Highway 265
and Kantz Avenue be named "Crossover Road",
Upon request of Mayor Starr, the City Attorney read a proposed Ordinance to name
lis
the road which runs along Highway 265 through the City of Fayetteville
"Crossover Road",
Director Purdy moved the rules be suspended and the Ordinance be placed on
second reading. Director Lancaster seconded the motion, Upon roll call
the motion passed unanimously. 4
The City Attorney read the Ordinance a second time.
Director Lancaster moved the rules be further suspended and the Ordinance
be placed on third and.final reading. Director Stanton seconded the motion.
Upon roll call the motion passed unanimously,
The City Attorney 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. 1895 appears on page 135 of Ordinance and Resolution Book 3,
Upon request of Mayor Starr, City Attorney Malone read a proposed resolution
to amend the General Land Use Plan to include the proposed Bypass zoning.
Director Orton asked whether all property owners in the area had been advised
as to how the land will be zoned. The City Attorney stated that notice was
published in the newspaper and public hearings have been held regarding the
proposal on several occasions. The City Attorney added that this resolution
will not rezone the property but will serve as a guide for land use decisions,
Director Lancaster moved the resolution be adopted, Director Purdy seconded
the motion. Upon roll call the following vote was recorded:
"Ayes" Orton, Purdy, McFerran, Lancaster, Utley and Stanton.
"Nays" None.
Mayor Starr abstained from voting,
There being six "Ayes", no "Nays" and one abstaining vote, the Mayor declared
the resolution adopted.
*Resolution No. 60-72 appears on page 87 of Ordinance and Resolution Book 3.
Director McFerran announced that
Director Purdy will
present the
report of
the Board Nominating Committee at
the first meeting
of the Board
in January.
City Manager Crimes presenrted bid tabulation for a boring machine and recommended
that the contract for furnishing this machine be awarded to the low bidder,
R. A. Young and Sons for the bid price of $12,780.12. Mr, Grimes also
presented bid tabulation for bids on gasoline, diesel fuel and kerosene and
recommended that the contracts be awarded to the lowest acceptable bid on
all items. The City Manager recommended that air conditioning and heating
unit replacement bid award be postponed.
Director McFerran moved the City Manager's recommendations be approved.
Director Purdy seconded the motion, Upon roll call the motion passed
unanimously,
Upon request of the Mayor, the City Attorney read a proposed resolution
authorizing the condemnation of rights of way and easements at Highway 71
and North Street so the improvement of the intersection at Highway 71 and
North Street may proceed. The City Attorney explained that the condemnation
will not displace any persons or businesses. I
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Director Utley moved the resolution be adopted. Director Purdy seconded the
motion. 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 resolution adopted.
*Resolution No, 61-72 appears on page 88 of Ordinance and Resolution Book 3.
City Attorney Malone read a proposed resolution authorizing the City Manager to
pledge $7,500 to guarantee payment of local share of funds for the development
of Lake Fayetteville,
Director McFerran moved the resolution be adopted. Director Utley seconded the
motion, 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 resolution adopted.
*Resolution No. 62-72 appears on page 89 of Ordinance and Resolution Book 3.
Bob Garner asked the Board of Directors to consider passing an ordinance which
would cause drive�in theatres showing X-rated movies to provide a shield or fence
so the movies would not be visible from the highway or nearby residences, Mr.
Garner provided pictures as proof of his accusation that X-rated movibscare being
shown at the drive-in theatre near his home, Mr, Garner pointed out that since
the screen is visible from the highway the movies are a traffic hazard.
Director Utley moved the City Attorney be directed to prepare an ordinance for
the Board's consideration regarding the shielding of drive-in theatres from the
highway. Director Orton seconded the motion, Upon roll call the motion passed
unanimously.
Director Purdy moved the City Clerk be authorized to spread on record the results
of the 1972 General Election as it pertains to the Board of Directors election.
Director McFerran seconded the motion. Upon roll call the motion passed
unanimously.
The 1972 General Election results pertaining to the City Boatd of Directors
are as follows:
CITY BOARD OF DIRECTORS NAME VOTES CAST
Position 1 Vernon B. Fitzhugh 2570
Marion R, Orton 3334
Rhea Segraves 1141 j
��"()O
Position 3 Paul R. Noland 3691
John D, Power, Jr, 1690 V
William G. Myers 1221xio�v
Position 5 Ernest Lancaster 2479
W. L. Murray 3223
Oliver W. Ostmeyer 740 b ei
Charles Barrett 427,�
Position 6 Ralph A, Treat 2043
Mrs, T. C, Carlson, Jr. 2548
Joe F. Starr 2133,/�l
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That the following stated individuals were elected to the Board of Directors
of the City of Fayetteville, Arkansast
Position #1 Marion R, Orton
Position #3 Paul R. Noland
Position #5 W. L. Murray
Position #6 Mrs, T. C. Carlson, Jr,
In testimony whereof, we have hereunto set our hand to this 19th day of
December, 1972.
COUNTY BOARD OF ELECTION COMMISSIONERS
WASHINGTON COUNTY, ARKANSAS
/s/ Richard Hipp
Isl Truman E. Yancey
/s/ Preston Woodruff, Jr.
Director Purdy complimented Mr. Grimes on the quality of the Board agenda,
Mr. Grimes stated that David McWethy, Administrative Aide, should get the
credit for the agenda, Director Purdy also extended thanks to the retiring
Board members for their help to him.
There being no further business, Director Stanton moved the meeting be
adjourned. Director McFerran seconded the motion. The motion passed
unanimously whereupon Mayor Starr declared the meeting adjourned,
APPROVED:
ATTEST:
ff --1 Young, gity Cerk
Joe Fred Starr, Mayor
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