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HomeMy WebLinkAbout1975-05-20 Minutes297 • , MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS May 20, 1975 • The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on May 20, 1975 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; City Clerk Darlene Westbrook; and Directors Marion R. Orton (absent at roll call), Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES In the temporary absence of the Mayor, Vice -Mayor Ernest Lancaster called the meeting to order. Following a .brief moment of respectful silence and roll call, the Vice -Mayor asked if there be any amendments to the minutes of the May 6, 1975 meeting. Director Purdy requested that the minutes reflect that the motion he made appearing in paragraph 292.6 was a "concliatory'effort":' Director Todd enumerated amendments to the minutes which the Mayor had requested. An amendment was requested to the last sentence of paragraph 284.1 to cause it to reflect that notices of applications for liquor and beer permits had just recently been forwarded to the Board by the City Manager. Paragraph 286.7 was requested to be amended to cause the first sentence to read: "...a study of solid waste management for the City of Fayetteville end Washington County. The word "accepted" appearing in paragraph 286.1 was requested to be changed to read "excepted". Paragraph 295.6 was requested to be amended to read: "Mayor Orton reported that Dr. Bob Johnson had met with the County Judge and that both he and the Judge had requested that Fayetteville and Springdale share in the cost of operating the center." There being no further amendments to the May 6 minutes, they were declared approved as amended. Vice -Mayor Lancaster then asked if there be any amendments to the minutes of the April 24, 1975 special meeting; and, there being none, declared the minutes approved as submitted. APPEAL OF PLANNING COMMISSION DECISION - Parker Rushing, petitioner The appeal concerns a rezoning request for an 80 acre tract of land located at the north end of Stone Bridge, east of Crossover Road. Mr. Rushing had requested a change from R-1 Low Density Residential to A-1 Agricultural Zoning District. A proposed ordinance to rezone the property A-1 was read for the first time by the City Attorney. Director Hughes, seconded by Director Noland, moved to suspend rules and place the ordinance on second reading. 297 297.1 297.2 297.3 297.4 297.5 297.6 298 298.1 Mr. Rushing was present to speak in behalf of his request and stressed the rural character and natural beauty of the land. He stated that he would like t have commercial horse stables on the acreage but that the R-1 zoning classifi- cation prohibited horse stables. Mr. Rushing disc ounted opposition to the rezoning on the basis of traffic congestion, commercilization of the property, and possible future detrimental uses Mr. Rushing felt the land should be zoned A-1 if only for the purpose of keeping the land as an open space area and that the A-1 classification could be a source of a future park. (Mayor Orton arrived) 298.2 Speaking in opposition to the rezoning was Mr. Paul Jameson, representing Mrs. Lucile Payte, an adjacent property owner, who stated that his client did not object to horse stables but that she did object to the possible uses of the land if it were zoned A-1. Mr. Jameson enumerated uses permitted under A-1 zoning which his client felt would be incompatible in the residential area. Mrs. Wanda Yoe, present in the audience and speaking also for Mr. Hayden Mcllroy, stated that most people she had talked with did not object to the stables but to the permissable uses within an A-1 zone.._ Mr. and Mrs. Sam Taylor, also adjacent property owners, stated their opposition contending that Mr. Rushing was trying to commercialize his property and that a horse stable would stimulate traffic on Stone Bridge Road. 298.3 As a measure of compromise, Director Purdy suggested that a square 40 acres on the east end of the property be rezoned A-1 with the remainder being R-1. Mr. Rushing stated that Purdy's suggestion would be agreeable with him and further that he would consider closing off Stone Bridge Road in order to keep traffic from passing the Taylor home. Mr. Jameson stated that the factors his client objected to would still exist whether the entire tract were rezoned or just a portion of it. 298.4 The City Attorney read the ordinance the second time after which Director Purdy motioned to amend the ordinance to zone a square 40 acres of the east portion of the property A-1. The motion failed to receive a second. Director Noland felt that the Planning Commission should decide the matter and discuss the possibilities of amending the zoning ordinanc e to allow stables in R-1 districts as a conditional use 298.5 Mr. Mort Gitelman, Chairman of the Planning Commission, said he believed the Planning Commission would approve amending Use Unit IV of the R-1 Zone Classification to include riding stables and, if approved by the Board, would be amenable to Mr. Rushing's request for stables in an R-1 district. 298.6 Discussion completed, the ordinance was left on second reading pending further consideration by the Planning Commission. RECOMMENDATION FROM CITY MANAGER TO HIRE CONSULTANT FOR CABLE RATE STUDY 298.7 Administrative Assistant, David McWethy, reported that the City Manager recommended that the City acquire the services of an independent consulting firm to study the justification of a rate increase as requested by Warner Cable. He informed the Board that a local consulting firm, Hardin and Associates, had proposed to perform the study at a cost of $200 per man per eight hour day not to exceed $4,000. Before actual work began, Hardin and Associates agreed to devote ane day free of charge to determine whether the information available was sufficient to conduct a study. Professor Bill Hardin was present and stated that he expected the study to be completed by mid-June and no later than June 30. 298.8 Mr. Lynn Wade, legal counsel for Warner, stated that the company had gone to considerable expense to provide the Board with data concerning the 298 299 company's operations and that the City could not expect the company to share the cost of the study. He assured the Board that the company would be willing to cooperate with consultants. Mr. Wade told the Board that the company had not contemplated terminating cable service in Fayetteville but that the company had considered decreasing services. He reminded the Board that the company's franchise with the City specifically stated that the cable company was entitled to a reasonable rate of return. City Manager Grimes recommended appropriating funds from the 1975 Revenue Sharing Contingency Account to meet the expense of the study. Following further discussion, Director Hughes, seconded by Director Noland, motioned to accept the recommendation of the City Manager to acquire the services of Hardin and Associates and to make the recommended appropriation of funds. In roll call vote of the Board the motion received four "Ayes" and three "Nays" which were cast by Directors Collier, Lancaster, and Purdy. 299.1 ORDINANCE REZONING PROPERTY - Fayetteville Planning Commission, petitioner The proposed ordinance would• rezone a 6.9 acre tract of land located 299.2 east of Mission Boulevard, south of East Maple Street, west of Tanglewood Avenue, and north of East Lafayette Street from I-1 Heavy Commercial and Light Industrial.to R-2 Medium Density Residential. The City Attorney read the ordinance for the first time after which 299.3 Director Noland, seconded by Director Todd, moved that rules be suspended and the ordinance placed on second reading. In roll call vote of the Board six "Ayes" and no "Nays" were recorded. Director Hughes did not vote. The City Attorney read the ordinance for the second time. Mr. Mort Gitelman, Chairman of the Planning Commission, was present to 299.4 speak in behalf of the veraaand stated that the request stemmed from increased requests for zoning changes and the expected move of Arkansas Western Gas facilites•currentiy located on the tract. He stated that the gas company oppo"sed the rezoning becle`use they did not plan to move as soon as previously :planned and because .an R-2 zoning classification would make their facilities a;nen,tconforming use thereby prohibiting fu'+tther expansion. He stated that the Planning Commission recommended zoning the property R-2 and that property in. the I—d zone be treated the same. Mr'. and:Mr3. Ed'Huentfield were present in the audience and stated their 299.5 favor of the rezoning as a means to curtail further location of commercial businesses which they felt depreciated property values Also speaking in favor of the rezoning were Ginger Parker and Betty Easterling. Representing Arkansas Western Gas and speaking in opposition to the re- 299.6 zoning was Mt. F. H. Martin who stated that if the rezoning were approved, the company would not be able to make necessary expansion and would be placed in a position of having to move their facilities at a time when it was not financially feasible. Also in opposition to the rezoning were Mr. Steve Winkler and Mr. Glen Lehman. Mr. Lehman stated that the rezoning would deprive owners of property of revenue should they decide to dispose of their property. Director Purdy enumerated small businesses that would be seriously 299.7 harmed if the rezoning were approved and stated that he could not vote favorably on the ordinance in its present form. He stated that he would either favor an ordinance that k.; would rezone all the property R-2 except Mr. Winkler's business, the gas company facilities, and the gbbatry store; or favor tabling th€.767.aviaeletiblia until the gas company had moved its facilities or there was a change in the small businesses. 299 300 300.1 Director Noland suggested zoning the front portion of Winkler's property R-2 with the rear portion being zoned I-1. Following further discussion and comment, the ordinance was left on second reading pending determination of lot dimensions. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT- Upchurch Electrical Supply 300.2 The proposed ordinance would approve the large scale development plan of Upchurch Electrical Supply Company for property located at 2355 North Gregg Avenue. City Attorney McCord reported that dedications were waived by the Planning Commission. The ordinancewas read the first time after which Director Hughes, seconded by Director Lancaster, motioned to suspend rules and place the ordinance on second reading. In roll call vote of the Board the motion passed unanimously and the ordinance was read the second time. Director Hughes, seconded by Director Todd, motioned to further suspend rules and place the ordinance on third and final reading. The motion passed in roll call vote of the Board whereupon the City Attorney read the ordinance the third and final time. There being no discussion of opposition, the Mayor asked if the ordinance should pass. Seven "Ayes" and no "Nays" were recorded in the roll call vote and the Mayor declared the ordinance passed. ORDINANCE NO. 2107 APPEARS ON PAGE 294 OF ORDINANCE I: RESOLUTION BOOK IV APPOINTMENTS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS 300.3 Chairman of the Nominating Committee, Director Todd, reported that the committee had nominated Mr. J. Palmer Boggs to the Board of Construction Appeals to fill the unexpired term of Brad Waddle. The term would expire January 1, 1976. Director Todd made a motion to accept the committee's nomination and Director Purdy seconded the motion. In roll call vote of the Board the motion passed unanimously. 300.4 Nominated to the Roberta Fulbright Library Board of Trustees for a term to expire January 1, 1976 was Mr. George E. Shelton. Director Todd, seconded by Director Lancaster, moved the committee's nomination be accepted. In roll call vote of the Board the motion passed unanimously. 300.5 The committee nominated Mssrs. Ernest Shackleford, Harold Johnson, and J. C. Cole to serve terms on the Plumbers Examining Board. A motion by Director Todd to accept the nominations was seconded by Director Purdy and unanimously passed in roll call vote of the Board. 300.6 Mssrs. Cecil England and Everett Coonfield were nominated to serve on the Electricians Licensing Board with Mssrs. G. F. Patrick and Rodney Greer being nominated as alternates. Director Todd motioned that the nominations be accepted and Director Noland seconded the motion. In roll call vote of the Board the motion passed unanimously. 300.7 Director Todd reported that the committee had recommended that the Board acknowlege with regret the resignation of Mr. Waddle from the Board of Construction Appeal and that the City Manager report within 30 days oh action taken on the problem reported by Mr. Waddle. Director Todd so motioned and Director Collier seconded the motion. In roll call vote of the Board the motion passed unanimously. 300 1 1 1 r 1 301 RESOLUTION REFERRING ORDINANCE TO AMEND ZONING ORDINANCE - Liquor Stores e The City Attorney had drafted a proposed ordinance that would amend the zoning ordinance by specifying the areas in which retail liquor stores may be located and which would impose the following restrictions: (a) No retail liquor store shall be located within 600 feet of any property on which a church, hospital, or school is located. For the purpose of this section, the term "school" shall include the University of Arkansas. (b) Retail liquor stores shall not be developed on any property which is abutted by residentially zoned property (R-1, R-2, or R-3) on more than one side. (c) A screening wall as provided in Article 8-10(d) shall be erected and maintained along the common boundary of any abutting property in a residential (R-1, R-2, R-3) district. During discussion, Mr. Tom Keith, representing Skelton Street Committee, stated that he could not recommend that his clients support the proposed ordinance and that he could not see how the ordinance could attack the problem of liquor stores locating in residrential areas. He asked if it would be too difficult to consider what areas might .be suitable for liquor stores in C-2 and C73 zones. When asked.by.the.Mayor for his suggestions for an ordinance, Mr. Keith did Mt reply. The Mayor assured Mr. Keith that if he did have suggestions for the proposed ordinance, he could appear at a public hearing to be held by the Planning Commission when they consider the ordinance. Director Lancaster stated that he feat the City should have some control over the location of liquor stores. but that the problem was how much control the City .could legally exercise. Following further discussion and comPent,, the City Attorney read a resoliution to refer the proposed ordinance to the Planning Commission for public hearing and recommendation. The resolution was moved for adoption by Director Collier and seconded by Director Hughes. In roll call vote of the Board the motion passed unanimously. RESOLUTION NO. 40-75 APPEARS ON PAGE 159 OF ORDINANCE AND RESOLUTION BOOK IV RESOLUTION AUTHORIZING INITIATION OF CONDEMNATION PROCEEDINGS The resolution., read by the City Attorney, would authorize the initiation of condemnation proceedings for easements necessary for inside -the -city water and sewer improvements and for Growth Area water projects. Mr. Grimes stated that the resolution would give blanket authority to initiate procer.dures should negotiations with property owners prove to be fruitless Following slight discussion, Director Purdy motioned that the resolution be adopted. - The. motion, seconded by Director Lancaster, passed unanimously in roll call vote of the Board RESOLUTION NO. 41-75 APPEARS ON PAGE 160 OF ORDINANCE AND RESOLUTION BOOK IV PURCHASING _ITEMS AND AWARD OF BIDS Bid 276A - High Velocity Sewer Cleaning Unit: The City Manager recommended award of the bid to FMC Corporation of Jonesboro, Arkansas for a 24,000 GVW 301 301.1 301.2 301.3 301.4 301.5 301.6 301.7 302 truck chassis and high velocity sewer cleaning unit at a cost of $20,744. He stated that an additional $2,744 was recommended to be acquired from Water and Sewer Account Code 6351 to be applied to the purchase of the unit. 302.1 Director Todd asked if a shorter delivery date justified the increased cost involved in awarding the bid to FMC and whether or not the bid received from a local company was not satisfactory. Director Hughes stated that re- placement parts for the chassis bid by the local company were much more ex- pensive and would justify not awarding the bid to the company. 302.2 Following further comment, Director Hughes, seconded by Director Purdy, motioned to accept the City Manager's recommendation. In roll call vote of the Board the motion passed unanimously. 302.3 Director Purdy then motioned that $2,744 be appropriated_ from the Water and Sewer Account Number 6351 and applied to the purchase of the unit. The motion was seconded by Director Noland and unanimously passed in roll call vote of the Board. CORRESPONDENCE AND OTHER BUSINESS 302.4 Mayor Orton called attention to correspondence from the City Attorney regarding the authority of a municipality to disapprove a subdivision plat for reasons not contained in the subdivision or zoning regulations. Mayor Orton stated that she would like for the subdivision ordinance to be amended to include traffic safety requirements similar to the Large Scale develop- ment ordinance. Following discussion, Director Purdy, seconded by Director Todd, motioned to refer the matter to the Planning Commission for review and recommendation. 302.5 Mayor Orton also called attention to correspondence from the City Attorney concerning the authority of the Planning Commission to waive sub- division regulations in which he opinioned that only the Board of Directors had the authority to make such waivers. 302.6 Director Purdy then expressed his opinion that the City should pass an ordinance banning the sale and use of fireworks. The City Attorney advised that a Federal statute banning fireworks may exist, and, if so; he wbu&d supply copies of the legislation to the Board. ADJOURNMENT 302.7 There being no further business forthe Board's consideration, Director Hughes, seconded by Director Purdy, motioned that the meeting be adjourned. The motion met with the Board's approval whereupon the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk 302 APPROVED: 1 1