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HomeMy WebLinkAbout1974-11-19 Minutes1 189._ 1 MINUTES OF A REGULAR MEETING OF November 19, THE BOARD OF DIRECTORS 1974 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on Tuesday, November 19, 1974 at 7:30 p.m. in the Director's Room of the City Administration Building. Present. City Manager Donald L. Grimes; Administrative Assistant David McWethy, City Attorney Jim McCord; Darlene Westbrook, City Clerk; and Directors Orton, Purdy, Noland, Utley, Murray, Carlson, and Stanton. Absent: None Others Present. Representatives of the news media and members of the audience. CALL TO ORDER AND APPROVAL OF MINUTES 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 addi- tions to the minutes of the November 5, 1974 meeting. Director Carlson had not received a copy of the minutes and asked that their approval be delayed until she received her copy. The Board concurred with Carlson's request and postponed approval of the November 5 minutes. Mayor Purdy announced that the minutes of the special meeting held November 14, 1975 were not yet prepared and would be considered fbr-approval at the next regular meeting. ORDINANCE AMENDING GENERAL LAND USE PLAN The proposed ordinance, read for the first time by the City Attorney, would amend the general land use plan for an area bounded by South School Avenue/Highway 71 South on the west; the West Fork of the White River on the east; a line north of Highway 16 East (Fifteenth Street) on the north; and a line south of Willoughby Road/Armstrong Avenue on the south. Director Murray motioned, seconded by Director Stanton, that the rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motion passed unanimously. The City Attorney read the ordinance for the second time after which Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. The motion was seconded by Director Noland and was passed in a unanimous roll call vote of the Board. The ordinance was read for the third and final time During a lengthy discussion, Director Orton expressed her concern that property bounded on the north by Highway 16 Bypass; on the east by Armstrong Avenue; and on the west by City Lake Road was being considered for industrial use instead of residential use. She did not feel that, since residential useage existed on the north side of Highway 16 Bypass, that industrial use should be planned for the property to face a residential area. Director Stanton disagreed with Orton stating that the Northwest Arkansas Planning consultants recommended that the land be planned for industrial useage since the area was in a flood plain and would not be con- ducive to residential use. 189 189.1 189.2 189.3 189.4 189.5 190 190.1 Mr. Joe Segers, legal representative of Shenandoah Mobile Home Park residents living directly north of the property in question, cautioned the Board that if the proposed land use amendment were adopted and the useage for the property changed to industrial instead of residential, that the request to rezone the property (also on the agenda) I-1 (Light Industrial) would almost have to be granted. Such a rezoning of the property was opposed by the mobile home park residents who considered the proposed industrial use to be detrimental to their residential area He suggested that the Board waive consideration of the proposed land use amendment un- til Board members could study the area and the effects industrial useage would have on the residential area. 190.2 Mr. H. L. Utley, real estate broker representing the owner of the property in question, stated that there was no outstanding sales contract for the property and that the contract for the sale of the property to a poultry business had expired. Mayor Purdy indicated that he had felt the suggested land use amendment was being requested for the purpose of enab- ling the location of a light industrial poultry business but that in view of Mr. Utley's statement he was not concerned that the land use plan amendment would serve any special purpose. Mr. Utley, who recommended that the Board adopt the amended land use plan, was of the opinion that the land would depreciate in value if the recommended useage was for residential purposes. 190.3 Director Orton then motioned, seconded by Director Carlson, to retain the residential classification for the property to avoid possible location of industry directly across from a residential area 190.4 In further discussion, Mr. Al Hughes, planning commission member, said that the Planning Commission was ofthe opinion that the land would be useless as residential because of its location in a flood plain area He said the property would be ideal for light industrial uses with ex- cellent access being provided by the Highway 16 Bypass. 190.5 Director Orton then amended her motion to include the retention of the original residential land use plan for property south of Highway 16 16 East Bypass except one parcel presently utilized for light industrial use. Director Carlson indicated that her second to the motion stood. During roll call vote of the Board, Directors Orton, Noland, and Carlson voted "Aye" while Directors Purdy, Utley, Murray, and Stanton voted "Nay". There being three "Ayes" and four "Nays", Mayor Purdy declared the motion failed. 190.6 Director Utley then stated that it was his understanding that property south of the Highway 16 Bypass would be reserved for industrial use and that the bypass would serve future industrial sites as access. 190.7 Following additional discussion, Mayor Purdy asked if the ordinance should pass In roll call vote of the Board five "Ayes" and two "Nays", which were cast by Directors Orton and Carlson, were recorded. Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2064 APPEARS ON PAGE 216 OF ORDINANCE $ RESOLUTION BOOK IV 190.8 Following the vote on the ordinance, Mayor Purdy stated that he would "use every bit of influence I have to try to see that when someone tries to put in a development in this area that it is something of a reasonable nature." In reply to Purdy's statement, Director Carlson said that she did not believe that the Board had any power to deny anyone seeking a permit for a development which met all requirements and zoning regulations. 190 1 1 • 191 ORDINANCE REZONING PROPERTY - J. Bernard Dresselhaus, Petitioner The proposed ordinance, read by the City Attorney, would rezone a 21.33 191.1 acre tract of land located on the south side �f Fifteenth Street immediately south of Shenandoah Mobile Home Park from R-1 (Low Density Residential) to I-1 (Heavy Commercial and Light Industrial). The ordinance had been left on first reading at the October 15, 1974 meeting to allow for further con- sideration of the request by the Planning Commission. Director Stanton motioned, seconded by Director Utley, that the rules 191.2 be suspended and the ordinance placed on second reading. The motion was carried in a unanimous vote of the Board. Following the second reading, Director Murray motioned that the rules be further suspended and the ordi- nance placed on third and final reading. The motion was seconded by Director Utley and was passed unanimously by the Board. The ordinance was read for the third and final time. Mr. Joe Segers, legal representative of Shenandoah Mobile Home Park 191.3 residents, presented the Mayor with a petition signed by the residents who opposed the rezoning. He told the Board that his opinion was that the Board would not have overpowering rights to deny an industrial development if the development conformed to land use and other regulations. He urged the Board to delay passage of the ordinance until the property owner could submit a development plan. Director Carlson was of the opinion that the Board, irregardless of 191.4 Planning Commission recommendations made in a guidance capacity, should be influenced by the citizens' wishes and not the Planning Commission's. Following the discussion, Mayor Purdy asked if the ordinance should 191.5 pass. In roll call vote of the Board, five Directors voted "Aye" and two, Directors Orton and Carlson, voted "Nay". Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2065 APPEARS ON PAGE 217 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE REZONING PROPERTY - James 0. Witt and Loris Stanton, Petitioners The proposed ordinance would rezone a 36.61 acre tract of land locat- ed on the west side of City Lake Road, south of Pump Station Road, from R-1 (Low Density Residential) to I-1 (Heavy Commercial and Light Indus- trial) and R-2 (Medium Density Residential). 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, seconded by Director Noland, was passed unanimously by the Board. Following the second reading, Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. Director Utley seconded the motion. The motion was passed in roll call vote of the Board in whish Director Stanton abstained from voting. The ordinance was read for the third and final time. Following slight discussion, Mayor Purdy asked if the ordinance should pass. Six Directors voted "Aye" and one, Director Stanton, abstained from voting. The ordinance was declared passed by the Mayor. ORDINANCE NO. 2066 APPEARS ON PAGE 218-219 OF ORDINANCE Fr RESOLUTION BOOK IV 191 191.6 191.7 191.8 192 ORDINANCE REZONING PROPERTY - Mrs. Lucian C. Phillips, Petitioner 192.1 The proposed ordinance, read for the first time by the City Attorney, would rezone a one -acre tract of land located at the northeast corner of Highway 45 East and Highway 265 from R-1 (Low Density Residential) to C-2 (Thoroughfare Commercial). 192.2 Director Stanton motioned, seconded by Director Noland, to suspend the rules and place the ordinance on second reading. The motion carried in a unanimous roll call vote of the Board. The second reading completed, Director Murray motioned to further suspend the rules and place the ordi- nance on third and final reading. The motion was seconded by Director Stanton and was passed unanimously by the Board. 192.3 Director Utley pointed out during discussion that Mrs. Phillips had indicated that she would be satisfied to zone the property C-1. Director Stanton concurred with Utley's statement and further clarified that the Planning Commission had approved a C-1 zoning classification for the property. Director Stanton then motioned, seconded by Director Noland, to amend the ordinance and rezone the property C-1. In roll call vote of the Board, the motion was passed unanimously. There being no further discus- sion, Mayor Purdy asked if the ordinance should pass as amended. The re- corded roll call vote of the Board was seven "Ayes" and no "Nays". Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2067. APPEARS ON PAGE 220 OF ORDINANCE $ RESOLUTION BOOK IV 192.4 Director Utley then motioned that the Board recommend to the Planning Commission that they review and possibly amend the land use plan for Highway 265. The motion was seconded by Director Orton and was passed unanimously by the Board. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT- Sequoyah Woods 192.5 The proposed resolution would authorize the Mayor and City Clerk to execute a contract in which the contractor/developer of the Sequoyah Woods Subdivision would install certain improvements in the subdivision. 192.6 Mr. McCord said that the subdivision was one of few having improvements already installed but that the developer had agreed to pave a portion of the Joe Fred Starr Road when the request for paving was made and further that the developer agreed to place on deposit funds to pay half the cost for improving the road. He said that there was no need for a developer contract to be executed since all improvements had been installed. 192.7 Mr. Tom Hodges, legal representative for the developer, said that the developer had dedicated thirty feet from the center line of the Joe Fred Starr Road to their property for street construction purposes and a deposit would be made to pay for half the cost of improving the street to meet city standards. Mr. Hodges said the contractor was willing to restore the road to its original condition which existed prior to the beginning of construction but that improvements to the street could not be made at this time because of right-of-way restrictions. 192.8 Property owners in the area of Joe Fred Starr Road were in the audience and commented upon the deteriorated condition of the road caused by heavy construction equipment. One property owner said the 192 1 1 1 road, when paved, would serve little purpose since it would be paved only to the property line of the Sequoyah Woods addition. Another property owner said the people should be assured that the deposit for the improvements would be ear -marked for the purpose of improving the street. In reply to the property owners, City Manager Grimes said the intent of the agreement with the developer was to require the deposit of funds to pay half the cost of improving the road after it had been restored to its original condition prior to construction of the Sequoyah Woods addition. He said the .funds would be turned over to the County Judge so that the county could improve and possibly blacktop the road from the entrance of the addition on Joe Fred Starr Road to Highway 45 East. City Attorney McCord then informally stated a resolution authorizing a contract which would require the Sequoyah Woods developer to restore the Joe Fred Starr Road to its original condition and a cash deposit made to pay half the cost involved to improve the road after restoration had been made. Director Stanton, seconded by Director Murray, moved that the reso- lution be adopted. In roll call vote of the Board seven "Ayes" and no "Nays" were recorded. Mayor Purdy declared the resolution passed. RESOLUTION 82-74 APPEARS ON PAGE 100 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE APPROVING FINAL PLAT - Sequoyah Woods ±.h The proposed ordinance, read for the first time by the City Attorney, would accept and confirm the dedication of street right-of-way and/or utility easements of the Sequoyah Woods Subdivision. Director Murray motioned, seconded by Director Utley, that the rules be suspended and the ordinance placed on second reading. The motion was passed unanimously in roll call vote of the Board. Following the second reading, Director Murray motioned to further suspend the rules and place the ordinance on third and final reading. The ordinance, seconded by Director Utley, was passed unanimously by the Board and the ordinance was read for the third and final time. During discussion, the City Attorney clarified the term "common property" as property within the subdivision for the joint use of the residents and further stated that the city would have no rights to the property. He assured the Board that all necessary easements had been made to the city. Discussion completed, Mayor Purdy asked if the ordinance should pass and in roll call vote of the Board the vote was unanimous. The Mayor de- clared the ordinance passed. ORDINANCE NO. 2068 APPEARS ON PAGE 221 OF ORDINANCE $ RESOLUTION BOOK IV ORDINANCE AMENDING ORDINANCE NUMBER 1747 The City Attorney read the ordinance which would amend Ordinance 1747 by including package liquor stores as an acceptable use in C-2.Thoroughfare Commercial and C-3 Central Business District Zoning Districts. Director Noland motioned, seconded by Director Murray, to suspend the rules and place the ordinance on second reading. In roll call vote of the Board the motion passed unanimously. Following the second reading, 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 by the Board. 193 193.. 193.1 193.2 193.3 193.4 193.5 193.6 193.7 194 194.1 McCord told the Board that liquor stores were not listed in the present code as a specific use unit but that proposed liquor stores were required by the Arkansas Beverage Control to conform with local zoning classifica- tions. The ordinance, if passed, would permit liquor stores in C-2 and C-3 zones and would be a use by right. 194.2 Director Utley felt the city should determine where liquor stores are located and should screen each liquor permit application to determine whether the location of the liquor store would be desireable. He said if the ordi- nance were passed there would be no agency for the review of the location of any liquor store in the city in a C-2 or C-3 zone. If the use were made conditional in C-2 or C-3 zones, Director Utley felt the state beverage control board could not dictate locations of the businesses without a city agency first reviewing the request and proposed location. "I do not be- lieve that the State of Arkansas or the liquor business should have the prerogative of being able to locate a liquor store at their whim in the City of Fayetteville," Utley said. Director Utley was concerned about what he termed the "dual responsibility" of the city to the citizens, taxpayers, voters, and residents of the city and to the parents of teenaged students attending the University of Arkansas and felt the city had the responsibi- lity for maintaining decorum and an atmospher of higher learning. 194.3 Following further comments from the Board, Director Carlson moved that the ordinance be amended to allow retail liquor stores as a conditional use in zones C-2 and C-3 and Director Utley seconded the motion. Carlson's motion was withdrawn following a motion made by Director Orton and seconded by Director Noland to table the ordinance to allow the City Attorney to redraft the ordinance and to give the retail liquor dealers an opportunity to comment on the proposed amendment. In roll call vote of the Board, the vote was unanimous to table the ordinance. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT - Clifton Gabbard 194.4 The ordinance would approve the large scale development plan of Clifton Gabbard for property located at the south end of Ray Avenue be- tween the West Fork of the White River and the Fayetteville Industrial Park and would accept and confirm the dedication of street right-of-way and/or utility easements. 194.5 The ordinance was read by the City Attorney for the first time after which Director Noland motioned to suspend the rules and place the ordi- nance on second reading. The motion, seconded by Director Utley, was passed unanimously by the Board. The second reading completed, Director Murray, seconded by Director Noland, motioned to further suspend the rules and place the ordinance on third and final reading. In roll call vote of the Board the motion passed unanimously and the City Attorney read the ordinance for the third and final time. 194 6 After a brief question and answer period, Mayor Purdy asked if the ordinance should pass. The recorded roll call vote of the Board was unanimous and the Mayor declared the ordinance passed. ORDINANCE NO. 2069 APPEARS ON PAGE 222 OF ORDINANCE & RESOLUTION BOOK IV ORDINANCE APPROVING LARGE SCALE DEVELOPMENT - Calvary Assembly of God Church 194.7 The proposed ordinance would approve the large scale development plan of the Calvary Assembly of God Church for property located at 194 1 • • r 2070 North Garland Avenue and would accept and confirm street right-of-way and/or utility easements. City Manager Grimes recommended that the Board table the ordinance until the required dedication of street right-of-way had been made. Director Noland so moved to table the ordinance and Director Stanton seconded the motion. In roll call vote of the Board the motion was passed unanimously. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT - General Growth Properties The proposed ordinance would approve the large scale development of General Growth Properties for the construction of a restaurant at the northeast corner of the Northwest Arkansas Plaza and would accept and confirm street right-of-way dedication and/or utility easements. A recommendation was Made by the City Manager to table the ordinance pending necessary street right-of-way dedications. Director Noland, seconded by Director Stanton, moved that the ordinance be tabled; and in roll call vote of the Board, the motion passed unanimously. RESOLUTION AUTHORIZING CITY CLERK TO SPREAD OF RECORD RESULTS OF 1974 SPECIAL ELECTION The resolution would authorize the City Clerk to spread of record the results of the 1974 special election and the ensuing run-off election for positions of the Board of Directors. Following the reading of the reso- lution by the City Attorney., Director Utley motioned to adopt the resolu- tion. Director Stanton seconded the motion which passed unanimously in roll call vote of the Board. RESOLUTION NO. 83-74 APPEARS ON PAGE 101 OF ORDINANCE $ RESOLUTION BOOK IV RESULTS OF SPECIAL ELECTION OF FAYETTEVILLE BOARD OF DIRECTORS HELD NOVEMBER 5, 1974 Position One Position Four Frank Sharp Ernest E. Lancaster Position Two 195 195.1 195.2 195.3 195.4 2,917 C. A. "Al" Hughes, Jr. 3,204 3,350 Jack Moncrief 3,076 John Todd 2,424 Pat Watkins 1,317 Christine Bailey 530 James E. Lindsey 2,353 Position Three T. C. Carlson, Jr. 1,727 Paul R. Noland 4,860 Position Five Miller C. Ford, Jr. Marion R. Orton Marion E. Johnson Position Six Russell T. Purdy Mrs. T. C. Carlson, Jr. Gus Ostmeyer Raymond D. Mitchell Position Seven Morris H. Collier Phillip H. Taylor, Jr. 195 Loris L. Stanton 1,790 3,747 912 2,644 1,120 1,039 1,930 3,161 2,585 1,375 196 RESULTS OF RUN-OFF ELECTION OF FAYETTEVILLE BOARD OF DIRECTORS HELD NOVEMBER 12, 1974 Position Two John Todd 1,800 James E. Lindsey 1,785 Position Six Russell T. Purdy 2,365 Raymond Mitchell 1,193 Position Seven Morris H. Collier 1,797 Phillip H. Taylor, Jr. 1,789 ORDINANCE AMENDING SECTION 6-34 OF CITY CODE 196.1 The proposed ordinance, read for the first time by the City Attorney, would amend Section 6-34 of the City Code by adopting the 1973 edition of the Southern Standard Building Code. The first reading completed, Director Noland motioned, seconded by Director Murray, to suspend the rules and place the ordinance on second reading. The motion passed unanimously during roll call vote of the Board. Following the second reading, Director Murray, seconded by Director Orton, motioned to further suspend the rules and place the ordinance on third and final reading. The motion was unani- mously passed by the Board and the City Attorney read the ordinance for the third and final time. 196.2 Director Stanton suggested that Section 6-79.1(b) be changed to read. "...compressive strength of 3,000 pounds per square inch." and that Section 10(b) be amended to read "Wall bulletins as defined in Section 2301.2..." The Board indicated its approval of these changes. 196.3 Director Utley considered the practice of requiring building permits for the installation of portable metal storage buildings within mobile home parks was discriminatory since no such requirement was made for the installation of mobile homes. He moved that Section 8(b)(4) be amended to read: "A building permit will be required to relocate said structure upon any property in the city except mobile home parks unless exempted in other sections of this code." The motion was seconded by Director Carlson and was passed by the Board in roll call vote in which the recorded vote was five "Ayes", one "Nay", which was cast by Director Orton;, and one "Abstain" cast by Director Utley. Mayor Purdy declared the motion passed then asked if the ordinance should pass as amended. Upon roll call vote of the Board seven "Ayes" and no "Nays" were recorded. Mayor Purdy declared the ordinance passed. ORDINANCE NO. 2070 APPEARS ON PAGE 223-229 OF ORDINANCE RESOLUTION BOOK IV NOMINATIONS TO BOARDS AND COMMITTEES 196.4 City Manager Grimes presented a slate of nominations for committee members of the Community Development Committee and the Housing Assistance Committee which will work in conjunction with the Community Development Block Grant Program Mr. Grimes recommended that Mr. Phillip Taylor serve 196 1 1 1 as chairman of the Housing Assistance Committee and that Mr. L. M. McGoodwin serve as chairman of the Community Development Committee. Director Orton moved that the proposed slate of nominees be approved as recommended by the City Manager and Director Noland seconded the motion. Following dis- cussion from the Board, Mayor Purdy asked if the motion should pass In roll call of the Board the motion passed unanimously. The committee members as approved by the Board are: COMMUNITY DEVELOPMENT COMMITTEE Name Representing Census Tract No. Mr. L. M. McGoodwin, Chairman 101 Mr. William "Pat" Watkins 101 Mrs. Beverly Melton - 101 Mr. Paul D. Lewis 101 Mr. Lynn Wade 106 Mrs. Sylvia Swartz 106 Mrs. Billy Carroll 106 Mr. Joe McFerran 107 Mrs. Christine Bailey 107 Mrs. Dorothy Seaton 106 Mr. Frank Sharp 110 Mr. Harold Johnson 110 Mr. George Gray 111 Mr. Lester Bale 105 Rev. Lewis Chesser 106 Mrc. Lilie Johnson 108 Mrs. Alice Ludwick ' ' 105 •. ' \),. .'4.344+47 .a- HOUSING ASSISTANCE COMMITTEE Mr. Phillip Taylor, Chairman Mrs. Lois Fry Mrs. Anita Whillock Mr. Claud Prewitt Mrs. Hazel Buchanan Mr. James Vizzier Mr. Stanley Potts Mrs. Lydia Hancock Mrs. Ruby Bottoms 101 106 107 107 108 110 111 108 111 • Director Stanton, chairman of the Board Nominating Committee, then announced that Dr. Joe B. Hall had been nominated to the City Hospital Board of Directors for a term to expire January 1, 1976. Director Stanton then moved that the nomination be accepted and Director Utley seconded the motion. In roll call vote of the Board the motion passed unanimously. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AGREEMENT 19.7. 197.1 The resolution, as read by the City Attorney, would authorize the 197.2 Mayor and City Clerk to execute an agreement with the Northwest Arkansas 197 198 Regional Planning Commission for technical and staff supportive services for the completion of a Community Development Block Grant application. 198.1 In answer to a question from Director Stanton, Mr. Chuck Hoffman, Community Development Block Grant Program Director, said that the Regional Planning Commission would provide administrative, clerical, and planning guidance services to aid in the completion and submission of the application for the program grant. Director Carlson did not feel that the city should expend a great deal of money to contract for services which she felt could be provided by currently employed city staff. City Manager Grimes informed the Board that the city staff was not sufficiently experienced with the execution of project grants and that the city could not spare the staff to work full time on the application. 198.2 Following the discussion, Director Orton motioned that the resolution be adopted and Director Murray seconded the motion. In roll call vote of the Board six "Ayes" and one "Nay", cast by Director Carlson, were recorded. Mayor Purdy delcared the resolution passed. RESOLUTION NO. 84-74 APPEARS ON PAGE 102 OF ORDINANCE & RESOLUTION BOOK IV ADJOURNMENT 198.3 There being no further business or correspondence, Director Stanton moved that the meeting be adjourned. The motion met with the Board's approval and Mayor Purdy declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk 198 APPROVED: Russell T. Purdy, Mayor 1 1 1