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HomeMy WebLinkAbout1974-09-17 Minutes148 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 17, 1974 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, September 17, 1974 in the Director's Room of the City Administration Building at 7:30 P.M. Present: Administrative Assistant David McWethy, City Attorney Jim McCord; Darlene Westbrook, City Clerk, and Directors Orton, Purdy, Noland, Utley, .and Murray. Absent. City Manager Donald L. Grimes, Directors Stanton and Carlson. Others Present: Representatives of the news media and members of the audience. CALL TO ORDER AND APPROVAL OF MINUTES 148.1 After the call to order by Mayor Russell T. Purdy 'and a brief moment of respectful silence, the Mayor asked if there be any corrections or additions to the minutes of the September 3, 1974 meeting. Copies of the minutes had been distributed to each Board member prior to the meet- ing. 148.2 City Attorney McCord requested amending paragraph 145.6 to cause it to read. "...as prescribed for by Title 20, Chapters One through Four of the Arkansas Statutes." The last sentence of paragraph 145.8 was requested by McCord to be changed to read: "...in order to formally terminate the assessments." 148.3 Directors Utley and Orton requested amending the third sentence of paragraph 144.6 to cause it to read: "Director Utley, who stated he had never requested a permit..." 148.4 No further amendments or corrections being needed, the Mayor de- clared the minutes approved as amended. ORDINANCE AMENDING SECTION 4 OF ORDINANCE 1998 148.5 The proposed ordinance would grant the Planning Commission the authority to disapprove a Large Scale Development plan should:bheJ ..,.,— development plan fail to provide sufficient ingress and egress for the proposed development necessary to avoid creating or compounding a dangerous traffic condition. 148.6 The City Attorney read the ordinance for the first time after which Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion was seconded by Director Utley and was passed in a unanimous vote of the Board. Following the second reading, Director Murray motioned to again suspend the rules and place the ordi- nance on third and final reading. The motion, seconded by Director Utley, was passed in a unanimous vote of the Board. The ordinance was then read for the final time. 148.7 City Attorney McCord assured the Board that, should the ordinance be passed, the Board would also be able to disapprove an LSD if it did not provide the necessary egress and ingress facilities. 148 During discussion in which some Board members expressed the opinion that the ordinance should set criteria to be followed by the Planning Commission, the City Attorney informed the Board that anytime an ordinance vests an administrative dr legislative body with discretion, the ordinance needed to set out standards or norms to be followed by those bodies exer- cising that discretion. City Attorney McCord then proposed that the ordinance be amended to provide that an LSD could be disapproved if the proposed development would create or compound a dangerous traffic condi- tion. Director Orton made a motion to adopt the City Attorney's proposed amendment and Director Murray seconded the motion. .In roll call vote of the Board, the motion passed unanimously. Discussion being completed, Mayor Purdy asked if the ordinance should' pass as amended. The recorded roll call vote of the Board was five "Ayes" and no "Nays". Director Orton then moved that the emergency clause section of the ordinance be adopted. The motion, seconded by Director Murray, was passed in a unanimous vote of the Board. The Mayor then declared the ordinance passed and the emergency clause adopted. ORDINANCE NO. 2044 APPEARS ON PAGE 183 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE REZONING PROPERTY - Ottis and Helen Watson, et al., Petitioners The proposed ordinance, which would rezone a twenty acre tract of land located west of Highway 71B and immediately north of Villa Mobile Home Park, had been tabled at the August 20, 1974 meeting following the third and final reading. The change in zoning, from A-1 (Agricultural) to R-2 (Medium Density Residential), was requested by petitioners Ottis and Helen Watson, Ralph Brophy, and Holley -Ogden Enterprises. The Mayor asked if there be any discussion and there was none. He then asked if the ordinance should pass. In roll call vote of the. Board five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the ordi- nance passed. ORDINANCE NO. 2045 APPEARS ON PAGE 484 OF ORDINANCE F, RESOLUTION BOOK IV 149 149.1 149.2 149.3 149.4 149.5 ORDINANCE REZONING PROPERTY - Roy J. and Helen R. Milligan, Petitioners The proposed ordinance would rezone a 1.7 acre tract of land located 149.6 at the northwest corner of Highway 62 West and One Mile Road; the change being from A-1 (Agricultural) to C-2 (Thoroughfare Commercial). City Attorney McCord read the ordinance for the first time after which 149.7 Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion, seconded by Director Noland, passed unanimously in a roll call vote of the Board. Following the second reading, Director Murray motioned to again suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Orton and was passed unanimously in roll call vote of the Board. The ordinance was then read for the final time. The Mayor asked if there be any discussion, and there being none, asked 149.8 if the ordinance should pass. The recorded roll call vote of the Board was five "Ayes" and no "Nays". The Mayor declared the ordinance passed. ORDINANCE NO. 2046 APPEARS ON PAGE 185-186 OF ORDINANCE $ RESOLUTION BOOK IV 149 F 150 ORDINANCE REZONING PROPERTY - Dayton Stratton, Petitioner 150.1 The proposed ordinance would rezone a 2.15 acre tract of land located at the northeast corner of Highway 62 West and One Mile Road from A-1 (Agricultural) to C-2 (Thoroughfare Commercial). 150.2 City Attorney McCord read the ordinance for the first time after which Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion, seconded by Director Noland, was passed in a unanimous roll call vote of the Board The second reading being com- pleted, Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Utley and was passed unanimously in a roll call vote of the Board. 150.3 Following the third and final reading, Mayor Purdy asked if there be any discussion. No discussion being offered, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was five "Ayes" and no "Nays". ORDINANCE NO. 2047 APPEARS ON PAGE 187 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE CLOSING AND VACATING TWO ALLEYS LOCATED IN PARKSDALE ADDITION 150.4 The City Attorney informed the Board that before the alleys could be closed, a notice of public hearing needed to be published setting the hearing date. He then read a Resolution setting October 1, 1974 as the date for the public hearing and authorizing the City Clerk to have notice of the hearing published in the local newspaper. 150.5 Director Noland motioned to adopt the resolution and Director Murray seconded the motion. During roll call vote of the Board, five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the resolution adopted. RESOLUTION NO. 65-74 APPEARS ON PAGE 79 OF ORDINANCE G RESOLUTION BOOK IV ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Wal Mart Properties, Inc. 150.6 The proposed ordinance was read by the City Attorney for the first time after which Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion, seconded by Director Noland, was passed in a unanimous roll call vote of the Board. The second reading being completed, Director Noland motioned to further suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Murray and was passed unanimously in a roll call vote of the Board. The City Attorney then read the ordinance for the third and final time. 150.7 During discussion, Administrative Assistant McWethy informed the Board that five feet additional right-of-way had not been dedicated and the provisions of ordinance 1998, the Board should not consider the development proposal until such right-of-way had been dedicated. He then said that the City Manager had met with representatives of Wal Mart Properties and felt that in lieu of fifty feet right-of-way along the east side of the property, a thirty-five foot roadway easement would be suffi- cient. One reason the developers hesitated giving fifty feet of right-of-way, 150 McWethy told the Board, was because of the fact that the dedication of the right-of-way would adversely affect the size of the parking facili- ties and consequently the size of the building. The thirty-five feet of roadway easement could still be used by the public, McWethy said Director Orton did not favor a roadway easement as she felt it would hamper any plans for the extension of Sang Avenue. Director Utley felt the Board should be cautious of setting a precedent by allowing one development to give a roadway easement instead of street right-of-way and suggested the developers submit a request for variance to the set- back and parking requirements from the Board of Adjustment if a street right-of-way were dedicated. Mr. Ervan Wimberly, engineer for Wal Mart, arrived late at the meet- ing and said that the concern of the developers for dedicating street right-of-way was the fact that the loss of land would reduce the park- ing facilities and would also add the expense of curbing and guttering the street. He said he and Wal Mart_representatives had talked with the City Manager and School Superintendent[ about the possibility of granting and easement and allowing bus traffic from nearby schools to cross the parking lot. Director Murray made a motion to table the ordinance until the additional five feet of right-of-way is dedicated. The motion, seconded by Director Utley, was passed unanimously in roll call vote of the Board. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Lewis Ford Sales, Inc. The proposed ordinance would approve the LSD plan for property located at 3373 North College Avenue and would accept and confirm the dedi- cation of street right-of-way and/or utility easements. The City Attorney read the ordinance for the first time after which Director Murray made a motion to suspend the rules and place the ordi- nance on second reading. A second to the motion was made by Director ' Noland and the motion was passed unanimously in a roll call vote of the Board. Following the second reading, Director Noland motioned to further suspend the rules and place the ordinance on third and final reading. The motion, seconded by Director Murray, passed unanimously in roll call vote of the Board The ordinance was then read for the third and final time. Mayor Purdy then asked if there be any discussion, and there being none, asked if the ordinance should pass. The recorded roll call vote was five "Ayes" and no "Nays". Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2048 APPEARS ON PAGE 188 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Shakespeare of Arkansas The proposed ordinance would approve the LSD plan of Shakespeare of Arkansas for property located at 2601 South School Avenue and would accept and confirm dedication of street right-of-way and/or utility easements. The City Attorney read the ordinance for the first time after which Director Utley motioned to suspend the rules and place the ordinance on second reading. The motion was seconded by Director Noland and was passed unanimously in a roll call vote of the Board. The second reading 151 151 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 152 completed, Director Noland motioned to further suspend the rules and place the ordinance on third and final reading. The motion, seconded by Director Murray, passed unanimously in a roll call vote of the Board. The City Attorney then read the ordinance for the third and final time. 152.1 Mayor Purdy invited discussion, and there being none, asked if the ordinance should pass. In roll call vote of the Board, five "Ayes" and no "Nays" were recorded. The Mayor declared the ordinance passed. ORDINANCE NO. 2049 APPEARS ON PAGE 189 OF ORDINANCE F, RESOLUTION BOOK IV RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE QUITCLAIM DEED 152.2 The resolution would authorize the execution of a quitclaim deed to G. A. and Eula Hendrix for a 1.36 acre parcel -of land near Johnson Road. The land contains the old Johnson Road pump station which has been abandoned. According to the terms under which the land was acquired, the property is to revert to the grantor or his heirs. In return for the quitclaim deed, a utility easement would be granted the City by the Hendrix family. 152.3 The proposed resolution was read by the City Attorney after which Director Noland motioned to adopt the resolution. Director Orton seconded the motion which passed unanimously in roll call vote of the Board. RESOLUTION NO. 66-74 APPEARS ON PAGE 80 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION ADOPTING PROPOSED POLICY STATEMENT 152.4 The Policy Statement, read by the City Attorney, would concern the growth and development of property along Highway 265 between Highway 16 East and Highway 68 East. 152.5 Administrative Assistant McWethy informed the Board that the City Manager recommended item three of the statement referring to street cuts be amended to read. "Public Street cuts to the highway will be restricted to a minimum spacing of one quarter mile" so as not to limit owners of small pieces of farm property to access to their property. 152.6 After slight discussion, Mayor Purdy asked if the Resolution should be adopted. During roll call vote, five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the resolution adopted. RESOLUTION NO. 67-74 APPEARS ON PAGE 81 OF ORDINANCE 8 RESOLUTION BOOK IV PUBLIC HEARING TO DETERMINE THE SUFFICIENCY OF STREET IMPROVEMENT DISTRICT PETITION - Eva Avenue 152.7 There were no representatives of Eva Street property owners in the audience 152.8 City Attorney McCord read an ordinance to establish the Eva Street Improvement District (No. 74-1) and to assess each lot in the amount of $1,739.14 for paving improvements from Wedington Drive south to the dead end of Eva Avenue. Director Noland motioned to suspend the rules and place the ordinance on second reading. The motion, seconded by Director 152 1 Orton and was passed unanimously by the Board. The second reading com- pleted, Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Orton and was passed unanimously by the Board. The City Attorney then read the ordinance for the'final time. There being no discussion, Mayor Purdy asked if the ordinance should pass. In roll call vote of the Board, the ordinance was passed by a vote of five "Ayes" and no "Nays". Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2050 APPEARS ON PAGE 190-191 OF ORDINANCE $ RESOLUTION BOOK IV RESOLUTION REPORTING FINDINGS OF STUDIES FOR PROPOSED STREET IMPROVEMENT DISTRICT - Mally Wagnon Road Necessary engineering studies and cost estimates for Mally Wagnon Road from Highway 16 East North to the City limits were authorized by resolution at the August 6, 1974 Board meeting. In a resolution read by the City Attorney, the findings of the study estimated the cost of the project to be approximately $13,144.45. It was also reported by Mr. McWethy that the project would include approximately ten parcels of property. Mayor Purdy asked for discussion, and there being none, asked if the resolution should pass. Upon roll call vote, five "Ayes" and no "Nays" were recorded. The Mayor declared the resolution adopted. RESOLUTION NO. 68-74 APPEARS ON PAGE 83-84 OF ORDINANCE F, RESOLUTION BOOK IV ORDINANCE AMENDING CHAPTER 18 OF CITY CODE The proposed ordinance would amend the code by clarifying the pro- cedure for establishing street improvement districts under the provisions of the general statutes on municipal improvement districts rather than under the provisions of Act Number 251 of 1967. After completion of the first reading by City Attorney McCord, Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion was second'ed'by Director Noland and passed unanimously in roll call vote of the Board. A motion to further suspend the rules and place the ordinance on third and final reading was made by Director Noland and seconded by Director Murray. The motion passed unanimously in roll call vote of the Board. Thelthird and final reading completed4ing, a short question and answer period ensued in which the City Attorney answered, questions pertaining to legal procedures involved in creating and administering improvement districts under the new pro- cedure. Following discussion, Mayor Purdy asked if the ordinance should pass, and upon roll call vote of the Board, five "Ayes" and no "Nays" were recorded. Director Murray then motioned to adopt the emergency clause of the ordinance. Director Utley seconded the motion and in roll call vote of the Board five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the ordinance passed and the emergency clause adopted. ORDINANCE NO. 2051 APPEARS ON PAGE 192-195 OF ORDINANCE F, RESOLUTION BOOK IV 153 153` 1 153.1 153.2 153.3 153.4 153.5 153.6 154 ORDINANCE AMENDING SECTION 12-2 OF CITY CODE 154.1 The proposed ordinance would authorize the City Manager to have corrected certain "trashy" conditions on residential property. 154.2 Following the first reading of the ordinance by the City Attorney, Director Murray motioned to suspend the rules and place the ordinance on second reading. The motion was seconded by Director Utley and was passed in a unanimous vote of the Board. The second reading being com- pleted, Director Noland motioned to further suspend the rules and place the ordinance on third and final reading. The motion, seconded by Director Murray,passed unanimously in a roll call vote of the Board. The City Attorney then read the ordinance for the final time. 154.3 During brief discussion, Director Utley expressed his opinion that the ordinance should include criteria for maintenance of commercial property as well as residential property. * (See insert below) 154.4 Following discussion, Mayor Purdy asked if the ordinance should pass During roll call vote, five "Ayes" and no "Nays" were recorded. Director Orton then motioned to adopt the emergency section of the ordinance and Director Utley seconded the motion. In roll call vote of the Board, five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the ordi- nance passed and the emergency clause adopted. ORDINANCE NO. 2052 APPEARS ON PAGE 196-197 OF ORDINANCE g RESOLUTION BOOK IV ORDINANCE WAIVING BIDDING REQUIREMENTS FOR WATER METER YOKES 154.5 The proposed ordinance was requested by Mr. David Hausam, Assistant Controller, to allow the purchase of twenty water meter yokes at a cost of $175.40 each. The price was quoted by the sole manufacturer of the yokes, Ford Meter Box Company, and would be effective until October 1, 1974. 154.6 City Attorney McCord read the ordinance for the first time after which Director Noland motioned to suspend the rules and place the ordinance on second reading. The motion was seconded by Director Orton and was passed unanimously by the Board The second reading completed, Director Noland motioned to further suspend the rules and place the ordinance on third and final reading. Director Murray seconded the motion which passed unanimously in roll call vote of the Board. There being no discussion following the final reading the Mayor asked if the ordinance should pass. 154.7 During roll call vote of the Board, five "Ayes" and no "Nays" were recorded. Director Noland then motioned to adopt the emergency clause section of the ordinance and Director Orton seconded the motion. The motion was passed unanimously in roll call vote of the Board. Mayor Purdy then declared the ordinance passed and the emergency clause adopted. ORDINANCE NO. 2053 APPEARS ON PAGE 198 OF ORDINANCE €, RESOLUTION BOOK IV AWARD OF BID FOR WATER AND SEWER DEPARTMENT METAL STORAGE BUILDING 154.8 A memorandum from the City Manager was distributed to each Board member in which the Manager reported that bids for the building were opened on May 13, 1974. Only one bid was received; that being from Dayton Stratton d/b/a Daycon Construction Company, in the lump sum amount of $13,948.00. In the memo the Manager stated that the bid had been "held in abeyance" until adoption of the 1974-75 Water and Sewer *In answer to a question, the property inspector said the intent of the ordinance was not to cut down woods, natural areas, and bird.sanctuaries. • 154 1 1 1 and that the bid would be honored according to a written statement from the administrator of Mr. Stratton's estate. City Manager Grimes there- fore recommended the bid be awarded to Daycon Construction Company. Director Orton motioned that the bid be awarded as recommended and Director Murray seconded the motion. In roll call vote of the Board the motion passed unanimously. The City Attorney then read a resolution authorizing the Mayor and City Clerk to execute a contract for the con- struction of the metal storage building. Director Murray motioned to adopt the resolution and Director Orton seconded the motion. In roll call vote of the Board, five "Ayes" and no "Nays" were recorded. Mayor Purdy declared the resolution passed. RESOLUTION NO. 69-74 APPEARS ON PAGE 85 OF ORDINANCE €, RESOLUTION BOOK IV CORRESPONDENCE AND OTHER BUSINESS Mr. David Malone, former City Attorney, addressed the Board for the purpose of asking the Board whether the City should appeal the Circuit Court decision ingthe:tasehOsageeOii Company v. City of Fayetteville Board of Adjustment in regard to the rejection of its request for variance of sign requirements. Mr. Malone gave a brief history of the case and informed the Board of the advantages and disadvantages involved if the City chose to appeal the decision. Of the advantages•,, Mr-.3Malonel cited the fact that other businesses that had leen required"to'concur with the old sign ordinance would ques- tion why the Board did not pursue the decision. Also, he suggested to the Board that if the new sign ordinance were ever contested, the final decision ,on.tappeia'l, mightf:inffl'uenee• thelzeOur o'Isc decirsion tiro= such a b,_ .cafseianro. Of the disadvantages, he cited the cost of an appeal and the fact that the case affected only one sign and would have no direct effect on enforcement of the new ordinance. During discussion, Mr. Malone informed the Board at.the.Ciacuit Court had declared one section of the City's old sign othr itiFan'ce to be unconstitutional. Following a short question and answer period, Director Orton motioned that the City Attorney be authorized to appeal the decision to the State Supreme Court. The motion was seconded by Director Murray and was passed in a unanimous vote of the Board. RESOLUTION AUTHORIZING RELEASE OF EASEMENT City Attorney McCord reported to the Board that there was a cloud on a title held by Leonard and Thelma Bell due to an error in a legal descrip- tion contained in an easement granted to the City. McCord said the reso- lution would authorize the existing easement to be released and that a new easement would be executed by the property owners. Following McCord's reading of the resolution, Director Orton motioned to adopt the resolution. The motion was seconded by Director Murray and was passed unanimously by the Board. RESOLUTION NO. 70-74 APPEARS ON PAGE 86 OF ORDINANCE $ RESOLUTION BOOK IV 155 155 155.1 155.2 155.3 155.4 155.5 155.6 155.7 156 156.1 Mr. McWethy reported that the Fayetteville Jaycees had nominated Fayetteville for the All American City Award. 156.2 Mayor Purdy distributed copies of a letter to the Fayetteville Housing Authority requesting that the Old Post Office be transferred to the City of Fayetteville. He asked for the Board's approval as to whether or not he should deliver the letter to the Housing Authority on September 18, 1974. Director Orton moved that the Mayor be authorized to deliver the letter to the Housing Authority. Director Noland seconded the motion which passed in a unanimous roll call vote of the Board. ADJOURNMENT 156.3 No further business being necessary, Director Murray motioned to adjourn the meeting. The motion was seconded by Director Noland and was unanimously approved by the Board. Mayor Purdy then declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: 1 1