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HomeMy WebLinkAbout1973-10-02 Minutes1 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OCTOBER 2, 1973 The Board of Directors of the City of Fayetteville, Arkansas met in regular session on Tuesday, October 2, 1973 in the Directors Room of the City Administration Building at 7:30 P.M. Present: City Manager Donald Grimes; Purchasing, Personnel and Budget Officer Sturman Mackey; Administrative Aide David McWethy; City Attorney Jim McCord; Temporary Secretary to the Board Bobbie Jones; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. Directors Absent: None. Others Present: Representatives of the news media and members of the audience. The minutes of the September 18, 1973 meeting were not complete. They will be distributed to the Directors for approval at the October 16, 1973 meeting. REZONING PETITION R73-31 - STEELE INVESTMENT•COMPANY The Board heard the appeal of the petitioner on September 18, 1973 but declined to overturn the Planning Commission's decision. Instead the Board referred the matter back to the Planning Commission for its recommendation regarding split zoning for the property. The Planning Commission recommended approval of the rezoning of the eastern 8.9 acres to C-2, Thoroughfare Commercial. E. J. Ball, attorney for the petitioner, was present at the meeting to again appeal the Planning Commission's decision and to request rezoning of the entire 45.0 acre tract located at the southwest corner of Highway 71B and Highway 71 North (Bypass) from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Mr. Ball reported that Mr. Steele has negotiated with the State Highway Department and has worked out with them an agreement and a committment for access to his property. Mr. Ball said that when the Highway 71 North Bypass was constructed it destroyed Mr. Steele's farm for the purpose of agricultural uses in connection with the canning business. Mr. Ball contended that commercial use of this property is the best use that can be made of the property. Mr. Steele proposes to put a farm implement business on the west end of the property, Mr. Ball said. Mr. Ball reported that there is a dedicated 50 -foot street along the edge of Mr. Steele's property from the western extremity to Highway 71B in the vicinity of Millsap Road. Mr. Ball indicated that Mr. Steele would be willing to dedicate a 50 -foot street (north -south) in the vicinity of the middle of his property east/west that would open up access to the property immediately south of Mr. Steele's property. Director Murray questioned whether the property used for irrigation purposes was included in the rezoning petition. Mr. Ball replied that the northeast section is presently used for grazing because water is no longer available for irrigation. Mr. Ball explained that when the highway was constructed the pond which was used for irrigation was split and Mud Creek is so polluted it cannot be used for irrigation and does not supply enough water to do much irrigation. Director Murray said that perhaps one of these days the Bypass will become a major collector street and if this property is rezoned to commercial there will be a large tract of commercial right in the center of town. 321 2 Director Orton stated that she feels that the Board's main concern is how safe this will be for the public. "Forty-five acres is just about the size of the Mall...and I wonder if we would want that amount of commercial at that particular spot. We know the traffic problems that the Mall has created where there is a straight stretch along there and here we have quite an intersection," Mrs. Orton said. Mr. Ball asked the Board to keep in mind what portion of the property would be left that would be useable after the street dedications were taken out. Director Orton commented that when commercial zoning is allowed for one tract then adjacent property owners are likely to request commercial zoning for their properties to line up the commercial zoning. Director Orton explained that by lining up the commercial at this time with existing commercial in the area the "domino effect" should be eliminated. Director Stanton stated that the size of the property and the way it lies should be considered. This area will probably develop into one of the bigger commercial areas for the City of Fayetteville, Mr. Stanton said. Director Stanton added that since one section of this property fronts on the highway, it is well suited for commercial purposes. Director Utley commented that he would assume that the property owner was involved in the negotiations with the Highway Department at the time the Bypass was constructed and that Mr. Steele was reimbursed for properties lost. Director Utley said that he would also assume that the reimbursement was based upon depreciation of adjacent properties. "This Board and the Planning Commission has set up a concept for the development of properties adjacent to and surrounding the Highway 71 Bypass. We have tried... to concentrate commercial in junction areas and reserve adjacent areas to provide a buffer rather than coming up with a strip zoning...and the issue tonight is whether or not we will abandon our concept for the development of the Highway 71 Bypass. I personally feel that our concept is valid and sound and I am prepared to defend that concept," Director Utley said. Mr. Ball said that during the negotiations with the Highway Department that they considered any increased value in the property resulting from commercial activity. Director Orton stated that the City ordinances provide that when service roads are put in, accesses to the Bypass will then be closed. Mr. Ball said that the petitioner did not negotiate with the City but did negotiate with the Highway Department for access to the Bypass. Mr. Ball added that if the accesses are closed the City will have to pay the property owner or be in violation of the Constitution. Director Carlson commented that the type business proposed for this property - farm implement - is suited for the outer boundaries of the town. Upon request of the Mayor, the City Attorney read a proposed ordinance to rezone a 45.0 acre tract located at the southwest corner of Highway 716 and Highway 71 North (Bypass), from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Director Murray moved that the rules be suspended and the ordinance be placed on second reading. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read the proposed ordinance the second time. Director Murray moved the rules be further suspended and the ordinance be placed on third and final reading. Director Orton seconded the motion. Upon roll call vote the motion passed unanimously. 322 1 3 City Attorney McCord read the proposed ordinance the third and final time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Carlson and Stanton. "Nays" Orton, Purdy, Noland, Utley and Murray. There being etwgy "Ayes" and fine "Nays" the Mayor declared the Ordinance failed. Upon request of the Mayor, the City Attorney read a proposed ordinance to rezone an 8.9 acre tract located at the southwest corner of Highway 71B and Highway 71 North (Bypass) from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Director Stanton moved the rules be suspended and the proposed ordinance be placed on second reading. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read the proposed ordinance the second time. Director Murray moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Noland seconded the motion which passed unanimously The City Attorney read the proposed ordinance the third and final time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. /943 appears on page ai of Ordinance and Resolution Book 3. REZONING PETITION R73-32 - JAMES B. BLAIR The next item on the agenda was consideration of an appeal for a rehearing of the petition to rezone a 27.23 acre tract located north and east of the inter- section of Highway 71 North and Zion Road, from A-1, Agricultural District, to C-2, Thoroughfare Commercial District (for Tract 1 of 6.73 acres) and R-0, Residential Office District (for Tract 2 of 20.5 acres). City Attorney McCord stated that Mr. Blair, the petitioner, has obtained new evidence regarding the access problem "...and I see no reason in this case, due to the existence of new evidence, why the Board should not consider Mr. Blair's petition." Mr. Blair explained that he now has a recorded easement across the Elks Lodge property. Mr. Blair recalled discussion of the September 18, 1973 Board meeting as to which access route would be more feasible - out on Zion Road or off the northern edge of the property. Mr. Blair said that he has had an engineer "shoot the grade" at the northern edge of the property and the engineer said that it is physically possible to use the northern access route. Mr. Blair said that the City has all of the necessary controls to allow whichever access they so desire at the time the commercial development is instigated. Director Noland stated that he had heard comments in favor of having the R-0 buffer zone for the C-2 zoning as requested by the petitioner. Director Utley said that the strip of property along Highway 71B is.logically a part of the commercial development of the City of Fayetteville. "I have no reservations whatsoever against rezoning it commercial. The big hang-up at the last Board meeting was the question of access and egress from the property. The property owner has presented to the Board tonight positive proof that the only two possible accesses and egresses to the property are now under his control and I personally See no valid basis for rejecting the request," Director Utley said. 323 4 Director Murray expressed concurrence with Director Utley's statement. Director Carlson noted that the property under discussion is not on the business route, but rather on Highway 71 - the business route does not start until further south of this property. Mrs. Carlson explained that that portion of the highway bears all of the north/south traffic of Highway 71. Mrs. Carlson expressed opposition to commercial zoning for property either south or north of Zion Road because of the increased use of Zion Road's entrance and exit. Mrs. Carlson suggested that the mouth of Zion Road have only two arteries for traffic - one for incoming traffic and one for outgoing traffic - and that this traffic pattern be established before any move is made to zone any property in the area for commercial uses. City Manager Grimes said that he would be happy to submit that suggestion to the Highway Department as a recommendation. Director Utley said that when the developmental plan is submitted for this property that that will be the time to put restrictions on the development if there are to be restrictions on it. "The issue here tonight is whether to rezone this property commercial. To try to design the entrance and exit here tonight is a little beyond the capabilities of the Board..." Director Utley commented. Director Stanton asked what progress had been made toward rerouting the Mall traffic to help alleviate the traffic situation in that area. City Manager Grimes said that the County will not be able to participate in the cost of the flashing lights or in the intersection lighting. The County Judge is trying to work out something with the State to get them to pick up the third that would have been the County's portion of the cost. City Attorney McCord read a proposed ordinance to rezone a 27.23 acre tract located north and east of the intersection of Highway 71 North and Zion Road; from A-1, Agricultural District, to C-2, Thoroughfare Commercial District (for Tract 1 of 6.73 acres) and R-0, Residential Office District (for Tract 2 of 20.5 acres). Director Utley moved the rules be suspended and the proposed ordinance be placed on second reading. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. Director Orton said, "I feel that by putting commercial in here that we are creating more of a traffic problem on the highway and that this is our responsibility to the people of the City not to worsen a bad situation. And until such time as this highway is made more safe for what is already existing, I don't think it is proper for us to make it worse. I don't object to the R-0 and I would prefer to see the whole thing be done R-0 for this reason " City Attorney McCord read the proposed ordinance the second time. Director Utley moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. Director Stanton, directing his question. to Bobbie Jones, Planning Administrator, asked if it would,be possible when the development plan is presented to require some street improvement in the area in order to better handle the increased traffic activity. Mrs. Jones said that that would be off site improvement for an existing street and she was not sure if street improvements could be required. Mayor Purdy said that he does not object to the property being zoned for commercial uses but he is not willing to add to the traffic on Zion Road. 324 1 1 5 Mr. Blair explained that.the City can tell him at the time the property is developed that the traffic must go out the north access route. "It is possible to get on and off that property without ever having to touch Zion Road," Mr. Blair said. Director Noland said that approximately half of the people in Fayetteville live east of Highway 71. Director Noland said, "Those people have access to this tract of land without ever getting on Highway 71." Director Utley reminded the Board that in:recent action, the Board, in considering a large scale development plan for property located on Highway 71B, stipulated that no access could be made to that property from the east. "This is an example of how we can control access and egress from the property," Director Utley commented. City Attorney McCord read the proposed ordinance the third and final time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Purdy, Noland, Utley, Murray and Stanton. "Nays" Orton and Carlson. There being five "Ayes" and two "Nays" the Mayor declared the Ordinance passed. *Ordinance No./94 f appears on page52+M217of Ordinance and Resolution Book 3. LARGE SCALE DEVELOPMENT PLAN - FRANK SHARP Upon request of Mayor Purdy, City Attorney McCord read a proposed ordinance accepting the dedication of street and/or utility easements, and approving the Large Scale Development Plan of Frank Sharp for property located on Highway 62 West. Director Murray moved the rules be suspended and the proposed ordinance be placed on second reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously The City Attorney read the proposed ordinance the second time. Director Murray moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously The City Attorney read the proposed ordinance the third and final time, after which the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. /945 appears on page 2,/9 of Ordinance and Resolution Book 3. LARGE SCALE DEVELOPMENT PLAN - FARM SERVICE. COOPERATIVE City Attorney McCord advised the Board'to take no action on thee. matter of accepting the dedication of street and/or utility easements and approving the Large Scale Development Plan of Farm Service Cooperative for property located at the intersection of Highway 62 West and Highway 71B South. Mr. McCord explained that the Planning Commission had approved the plan subject to the dedication of additional right-of-way in an amount to conform to the Master Street Plan through an agreement whereby the City agrees that the dedication of this right-of-way will not adversely affect the building set -back noncon- formity. Mr. McCord reported that negotiations to satisfy the conditions have not been completed. Director Stanton moved that this matter be tabled until negotiations are com- pleted. Director Utley seconded the motion Upon roll call vote the motion passed unanimously. 325 LARGE SCALE DEVELOPMENT PLAN - HIGHWAY 16 BASTNAtdMA3, CLINIC Upon request of Mayor Purdy, the City Attorney read'a'proposed ordinance accepting the dedication of street and/or utility easements, and approving the Large Scale Development Plan of the Highway 16 East Animal Clinic, located on Highway 16 East. Director Murray moved the rules be suspended and the proposed ordinance be placed on second reading. Director Orton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read the proposed ordinance the second time Director Murray moved the rules be further suspended and the proposed ordinance be placed on third and final reading. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the third and final time, after which Mayor Purdy asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. *Ordinance No. /944appears on page 2/9 of Ordinance and Resolution Book 3. BID #217 - MICROFILM RECORDS STORAGE AND RETRIEVAL SYSTEM Attached to the agenda was Administrative Memorandum #268 regarding Bid #217 for microfilm records storage and retrieval system to be acquired under a 50 percent Federal grant from the Arkansas Commission on Crime and Law Enforcement. The Administrative Memorandum contained the recommendation that the bid be awarded to Eastman Kodak Company, the low bidder, in an amount not exceeding the Federal funds available Purchasing Officer, Sturman Mackey, explained that although the bid amount, $46,176.00, exceedstheFederal funds available, $44,854.00, the quantities of supplies will be reduced so that the cost of the system will not exceed the amount of Federal funds available Director Stanton moved that the recommendation as stated above be accepted. Director Murray seconded the motion. Upon roll call vote the motion passed unanimously. BID #219 - POLICE CARS Attached to the agenda was Administrative Memorandum #269 regarding Bid #219 for six police cars. The Administrative Memorandum contained the recommendation that the bid be awarded to Hatfield Pontiac -Cadillac at the low bid price of $3,708.56 per unit and that $22,255 be appropriated from the General Fund Unappropriated Surplus for the acquisition of these units. Director Carlson moved that the low bid of $3,708.56 per unit be accepted. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read a proposed resolution to appropriate $22,255 from the General Fund Unappropriated Surplus for the acquisition of six police cars Director Noland moved the resolution be adopted. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. Y.2-7.3 appears on page /S'/ of Ordinance and Resolution Book 3. City Manager Grimes stated that several police officers have expressed their appreciation of the Board's efforts in keeping the Police Department supplied with good equipment. 326 1 7 LEASE AGREEMENT FOR AIRPORT HANGAR - TYSON FOODS, -.INC. An. amended lease agreement for airport hangar had been distributed to the Directors prior to the meeting. Director Utley suggested that Section 7 of the proposed lease agreement be amended to read: "...at its option and under the terms and regulations established for the operation of the new airport facility, to move the above described hangar to the new airport site for the remaining period of the lease..." City Attorney McCord said that he did not think such an amendment would be necessary since Section 7 also states: "...and in the event private owners are permitted to erect hangars at the new airport site..." City Attorney McCord, in reply to question asked by Director Carlson prior to the meeting, commented that he feels that Section 13 is adequate. Director Carlson referred to Section 8 and questioned whether the lessee will provide his own access from the parking lot to the hangar building. City Manager Grimes explained that the lessee will not have automobile access to the hangar. Automobiles will be left in the parking lot. City Attorney McCord read a proposed resolution to authorize the execution of the amended lease agreement with Tyson Foods, Inc. for airport hangar space. Director Utley asked when the hangar will be built. The builder explained that his contract with Mr. Tyson for the building is for ten weeks. Director Stanton moved the resolution be adopted. Director Utley seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 83-2,3 appears on page /82 of Ordinance and Resolution Book 3. CORRESPONDENCE - WHITE RIVER RURAL WATER ASSOCIATION Attached to the agenda was correspondence frbm the White River Rural Water Association regarding the contract proposed by the City of Fayetteville. Mr. Grimes explained that the White River Rural Water Association has asked for service to. an area at the south and the Water and Sewer Committee will make a recommendation regarding that in the near future. No action was taken on the matter:at this meeting. MUD CREEK City Manager Grimes recalled a statement made by a person in the audience earlier in the meetinggthat Mud Creek is so polluted it cannot be used for irrigation. "Mud Creek is not polluted," Mr. Grimes said. SANITARY LANDFILL RATES City Manager Grimes stated that it has come to his attention that the landfill rates being charged are higher than the rates approved in the City's contract with the operators of the landfill. A letter from Ralph Goff regarding the rates and stating the current landfill rates.had been distributed to the Directors. Mr. Grimes said that he had talked with Mr. Goff about extending the contract and Mr. Goff had indicated that they would be willing to extend the contract for a year or two but that they would have to have an increase in rates. Director Carlson suggested that the contract be extended for about six months while the•City proceeded to get a composting unit. The City Manager indicated that he would like to wait until some of the bugs are worked out of the units. Mr. Grimes said that the matter should be studied more before a decision is made. 327 8 Director Utley moved that the Board approve the rates that have been proposed by the corporation (C $ L Land Company, Inc.). There was no second to the motion. Director Carlson moved that this matter be tabled until the next regular meeting of the Board to allow more time to consider the matter. There was no second to the motion. After further discussion, Director Utley moved that the Board notify the contracting firm that the City Board approves the rate increase that they reflected in their proposal and that the contracting firm be informed that in the future, in accordance with the terms of the contract, that they notify the City Board prior to imposing any increased rates. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. City Attorney McCord read a proposed resolution authorizing the Mayor and City Clerk to execute an agreement modifying the contract with C F, L Land Company, Inc. to reflect the increased rates. Director Utley moved the resolution be adopted. Director Murray seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 04{-73 appears on page /R3 of Ordinance and Resolution Book 3. REQUEST THAT CITY ORDINANCES BE CHANGED Mr. Herbert Hatfield -was present at the meeting to request that when one becomes aware of something in an ordinance that is not enforceable or is not practical that the matter be called to the attention of the Directors so'it can be corrected. Mr. Hatfield said that the City is losing its downtown area partly because it is difficult for the people in the down- town area to maintain and rebuild their property. Mr. Hatfield cited an example and contended that the 15 -foot setback from the alley is not practical in the downtown area. Mr. Hatfield proposed that the setback from the alley should be the same as the setback from the street. City Attorney McCord said that he has discussed this matter with Mr. Hatfield and is preparing a proposed ordinance which will be presented to the Board at a later meeting. Mr. Hatfield was advised that the fastest solution to his problem would be to take the matter to the Board of Adjustment and request a variance of the setback requirements. ADJOURNMENT There being no further business, Director Stanton moved that the meeting be adjourned. Director Utley seconded the motion. Upon roll call vote the motion passed unanimously whereupon Mayor Purdy declared the meeting adjourned. ATTEST: 328 APPROVED: