HomeMy WebLinkAbout1975-06-17 Minutes309
MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
June 17, 1975
The Board of Directors.of the City of Fayetteville, Arkansas, met in a regular
session on June 17, 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, Ernest Lancaster, John Todd, Al Hughes, Russell
Purdy, and Morris Collier.
ABSENT: Director Paul Noland
OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL_TO__ORDER AND APPROVAL OF MINUTES
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The meeting was called to order by Mayor Orton. Following a brief moment 309.1
of respectful silence the minutes of the June 3, 1975 meettngwere considered
for approval.
Director Todd requested clarification of the last sentence of paragraph 309.2
306.7 in which he stated that he would be willing to speak with representatives
of the Fayetteville Transportation Company. He requested the sentence to be
clarified to more accurately report that he was willing to confer with the
taxi company about transportation problems of the city.
There being no further amendments, the minutes were declared approved as 309.3
amended.
ORDINANCE REZONING PROPERTY - Dr. Anderson Nettieship; petitioner (R75-11)
The proposed ordinance would rezone a 20 acre tract of land located east 309.4
of JohisonsRod north of Township Road and south of Drake Street from A-1
Agricultural to R-0 Residential Office. The ordinance was read the first time
after which Director Hughes, seconded by Director Purdy, motioned to suspend
rules and place the ordinance on second reading. In roll call vote of the Board,
with one member absent, the motion passed unanimously and the ordinance was
read the second time. Director Purdy, seconded by Director Hughes, motioned
to further suspend rules and place the ordinance on third and final reading.
In roll call vote of the Board; with one member absent, the motion passed
unanimously. The ordinance was read the final time.
Representing the petitioner was Mt. F. H. Martin who answered questions 309.5
from the Board. He stated that no exits were planned for Township Road but that
there would be two exits onto Johnson Road. Director Purdy reminded Mr. Martin
that if the tract were developed, roads would have to be built by the developer.
Mr. Martin replied that attorneys for the developers would be aware of the city
ordinances and regulations concerning developments.
Discussion completed, Mayor Orton asked if the ordinance should pass. In 309.6
roll call vote of the Board, with one member absent, the recorded.vote of the
Board was six "Ayes" and no "Nays" whereupon the Mayor declared the ordinance
passed..
ORDINANCE NO. 2114 APPEARS ON PAGE 3040F ORDINANCE AND RESOLUTION BOOK IV
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ORDINANCE REZONING PROPERITY - Ralph Goff, petitioner (R75-1)
310.1 The proposed ordinance would rezone a 0.7 acre tract located at the
southeast corner of Highway 16 East and Jerry Avenue from R-1 Low Density
Residential to C-1 Neighborhood Commercial. The ordinance was read the
first time after which Director Hughes, seconded by Director Lancaster,
motioned to place the ordinance on second reading. In roll call vote of
the Board, with one member absent, the motion passed unanimously whereupon
the ordinance was read the second time. Director Lancaster, seconded by
Director Todd, motioned to further suspend rules and place the ordinance
on third and final reading. In roll call vote of the Board, with one member
absent, the motion passed unanimously. The ordinance was read the third and
final time.
310.2 There being no discussion from either the Board or audience, the Mayor
asked if the ordinance should pass With one absent, the recorded vote of
the Board was unanimous.
ORDINANCE NO. 2115 APPEARS ON PAGE3050F ORDINANCE AND RESOLUTION BOOK IV
APPEAL OF PLANNING COMMISSIONNDECISION - Kenneth C. and Diamond A Garton,
Appellants (R75-10)
310.3 The appeal regards the rezrning of Lots 11 and 12, Block 3, Rodger's
Place Addition located at 938 Rodgers Drive. The appellants had requtsted
a zoning change from R-1 Low Density Residential to R-2 Medium Density
Residential zoning district.
310.4 An ordinance to grant the rezoning as requested was read for the first
time after which Director Hughes, seconded by Director Collier, motioned to
suspend rules and place the ordinance on second reading. In roll call vote
of the Board, with one member absent, the motion passed unanimously where-
upon the ordinance was read the second time. Director Purdy, seconded by
Director Collier, motioned to further suspend rules and place the ordinance
on third and final reading. In roll call vote of the Board, with one member
absent, the motion passed unanimously. The ordinance was read the third and
final time.
310.5 Representing the appellants was Mr. Robert White, attorney, who gave a
brief history of the rezoning request. He stated that the request for the
R-2 zoning was being made so that Mrs. Garton might pursue a home occupation
as a beautician and maintain a beauty shop at her home, a use not permitted
in R-1 zone classifications. He informed the Board that tests performed by
the County Sanitarian did not show that excess effluents were resulting from
the operation of the beauty shop. Although the shop is presently using a
septic tank disposal system, Mr. White told the Board that sewer service
would be made available in the near future.
310.6 Director Todd expressed dismay at Mr. White's statement in his notice
of appeal that the Planning Commission's decision was "...arbitrary, capricious
and without reasonable cause." and felt that the statement cast unfavorable
reflections upon the work of the Planning Commissionbased upon his attendance at the
Planning Commission meeting-at1which the'hatter was decided. Mr. White replied that
hisestatement a* made
-in concurrence with municipal ordinance requiring reasons for
310.7 {oxo at&fOwledged receipt of a petition presented to the Board and
signed by owners of property on Rodgers Drive requesting that the Board deny
the rezoning request. She then asked for comments from those opposing the
request but none were offered. The Mayor then asked if the ordinance should
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pass. In roll call vote of the Board, with one member absent, the recorded
vote was six "Nays" and no "Ayes" whereupon the Mayor declared the ordinance
failed.
Mr. White, in further comments to the Board, believed that a problem
existed in that the zoning ordinance did not provide the type of relief the
citizens of Fayetteville needed should someone want to open a small business
in their home. He requested that the Board ask the Planning Commission to
study the possibility of amending the zoning ordinance to allow small home
businesses as a conditional use in R-1 zones.
Director Hughes motioned that the Board request the Planning Commission
to review the possibility of home occupations being allowed in Use Unit 8 as
a conditional use in R-1 zones. The motion was seconded by Director Todd.
In roll call vote of the Board, with one member absent, the recorded vote
was three "Ayes" and three "Nays" whereupon the Mayor declared the motion
failed.
ORDINANCE AMENDING GENERAL LAND USE PLAN - Highway 265
The proposed ordinance would amend the general land use plan for an
area in and around the Highway 265 (Crossover Road) corridor, north from
Highway 16 East to the Fayetteville/Springdale City limits.
The ordinance was read the first time after which Director Purdy,
seconded by Director Todd, motioned to suspend rules and place the ordinance
on 'second reading. In roll call vote of the Board with one member absent,
the motion passed unanimously. The ordinance was read the second time.
Director Purdy, seconded by Director Lancaster, motioned to further suspend
rules and place the ordinance on third and final reading. In roll call vote
of the Board., with one member absent, the motion passed unanimously and the
ordinance was read the third and final tinfe.
During discussion, Director Hughes stated that the did not believe the
corridor should consist solely of residential use but that commercial or
residential office uses should also be planned. Mr. Ernest Jacks, Secretary
of the Planning Commission, was present in the audience and explained the
proposed land use plan with an alternative plan for the Zion Road/265 inter-
section which would provide for commercial use He stated that even though
the Planning Commission„ due to absence of some members, was not able to
adopt a formai recommendation for the Zion Road/265 intersection, a favorable
vote was cast to not provide for commercial use at the intersection.
Mr. Jim Lindsey, present, in the audience and trustee for owners of
property at the intersection, strongly favored providing for commercial use at
the intersection in keeping with the land use concept that commercial activity
would be placed at intersections of two major streets. Mr. Lindsey said the
owners' plans for the development of the corner'lot would include dedication of
right-of-way to straighten the portion of Zion Road that consists of dangerous
curves and that the owners would request a neighborhood commercial zoning
classification. Mr. Lindsey expressed concern that out-of-town property owners
had not been contacted as to the plan being considered by the Board. Director
Hughes, in citing the boundary of the Fayetteville school district, did not feel
that the land use plan should "completely lose sight of commercial properties
in the Fayetteville school district."
Following further discussion, Director Hughes motioned to refer the land
use plan back to the Planning Commission for further consideration and recom-
mendation. ThelidioaWastrieConded by Director Purdy and passed unanimously
by the Board. After further pleadings from Mr. Lindsey for efforts to be
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made to contact out of town property owners, the Board agreed that publication
of the proposed land use plan would be in order. Discussion completed, the
ordinance was left on third reading.
RESOLUTION AMENDING URBAN RENEWAL PLAN - Center Square
312.1 The City Attorney explained that the amendment to the Urban Renewal Plan
was necessary in light of recent developments concerning the retention of the
Old Post Office. Mr. Ernest Jacks, Secretary of the Planning Commission
commented that the major changes to be adopted were the closing of Mountain
and Center streets in the square area and the retention of the Old Post Office
building. The City Attorney added that the resolution under consideration would
not provide amendments to the Master Street Plan but that the plan would have
to be amended by separate action of the Board.
312.2 The City Attorney then read the resolution which was moved for adoption by
Director Purdy. The motion was seconded by Director Collier and passed unani-
mously in roll call vote of the Board.with one member absent.
RESOLUTION NO. 45-75 APPEARS ON PAGE 1640F ORDINANCE AND RESOLUTION BOOK IV
REPORT FROM BOARD FINANCE COMMITTEE
312.3 The Board Finance Committee, chaired by Director Lancaster, had met several
times to discuss sources of revenue to replace the loss of voluntary tax millage.
Director Lancaster reported that efforts had been fruitless to reach a decision
as to the one best source of revenue to be recommended to the full Board, and
that the sources discussed had met with opposition from various groups.
He informed the Board that the committee recommended retaining the services of
a survey consultant to survey to survey the public•s'opinion concerning possible
sources of revenue. Another recommendation of the committee was that
a letter be inserted with the water bills to inform the public of the city's
financial condition and to invite opinions about proposed sources of revenue.
The copcensus of the Board was to accept both recommendations and to approve
the negotiation of a contract for survey consultant services.
RESOLUTION REQUESTING RECOMMENDATION FROM PLANNING COMMISSION
312.4 The resolution, read by the City Attorney, would request the Planning
Commission to consider and recommend possible amendment to the zoning ordinance
to prohibit outdoor advertising in industrial districts. A conflict between
the zoning ordinance and the sign ordinance was cited as necessitating the
amendment.
312.5 Director Hughes, seconded by Director Purdy, moved to adopt the resolution.
In roll call vote of the Board, with one member absent, the motion passed
unanimously.
RESOLUTION NO. 46-75 APPEARS ON PAGE 165 OF ORDINANCE AND RESOLUTION BOOK IV
ORDINANCE AMENDING SIGN ORDINANCE 1893
312.6 The proposed ordinance would amend the sign ordinance by specifying a $25.00
filing fee for appeals to the Board of Sign Appeals. The City Attorney read
the ordinance the first time after which Director Hughes, seconded by Director
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Collier, moved to suspend rules and place the ordinance on second reading.
In roll call vote of the Board, with one member absent, the motion passed
unanimously. The ordinance was read the second time after which Director
Purdy, seconded by Director Todd, motioned to further suspend rules and
place the ordinance on third and final reading. In roll call vote of the
Board, with one member absent, the motion passed unanimously and the ordi-
nance was read the third and final time.
During discussion, Director Lancaster expressed concern about the fee 313.1
and did not feel it to be consistent to charge a fee for sign appeals and not for
other types of appeals that come before the Board. Director Todd stated that other
fee% tierhapsiaeientdotdkowu-iarthateheewouldabeeanclinedmtorsuppoi•ththis fee as a
tempbrrynmea"ssdteiwitheatjtstmenfsnbeang.madelinvt'he futurerbased•iupon cost reim-
bursemeritfsi.QHat disftsg erifkeipletthq theimayor ,eskeadiTfa.the ordinance should pass.
In roll call vote of the Board, with one member absent, the recorded vote 313.2
was five "Ayes" and one 'Way", cast by Director Lancaster. The Mayor declared
the ordinance passed.
ORDINANCE NO. 2116 APPEARS ON PAGE 306' OF ORDINANCE AND RESOLUTION BOOK IV
ORDINANCE AMENDING SIGN ORDINANCE 1893
The ordinance would amend Ordinance 1893 by specifying minimum spacing
requirements between off-site, free-standing signs; reducing the amount of
display surface area of free-standing signs in industrial zoning districts;
and limiting the size of wall signs.
•In discussion of minimum spacing requirements for billboards, Director
Purdy expressed concern that the Board might be trying to exercise too much
control over the signs. The City Attorney advised that the Highway Commission
rules and regulations concerning billboards provided thatthey may be spaced
no less than 100 feet apart inside cities and no less than 300 feet apart
outside city boundaries. Director t gies, seconded by Director Todd, moved
to limit the spacing of off-site, &tee -standing signs to a minimum of 200
feet. In roll call vote of the Board, with one member absent, the motion
passed unanimously.
During discussion of wall sign limitations, Director Purdy stated that
he was inclined to let the ordinance stand as originally adopted. The City
Attorney advised the Board that the ordinance would not be on a sound legal
basis if the ordinance limited all other signs but not wall signs. Following
further comment, EBba d; coffept a lto limit the number of on-site wall signs
to one sign per wall with a maximum of four signs per building with a display
area not to exceed 150 square feet pet sign. At the request of the Building
Inspection and approval of the Board, a section to repeal Section 17B -6(d)
of the code was added to the ordinance. Director Hughes, seconded by Director
Todd, moved to incorporate these provisions in the ordinance. In roll call
vote of the Board, with One member absent, the motion passed unanimously.
The City Attorney then read the ordinance for the first time after which
Director Hughes, seconded by Director Todd, motioned to suspend rules and
place the ordinance on second reading. In roll call vote of the Board, with
one member absent, the motion passed unanimously. Following the second reading,
Director Purdy motioned to further suspend rules and place theeotdinanceuon
third and final reading. In roll call vote of the Board with one member absent,
the motion carried unanimously. The ordinance was read the third and final time
after which the Mayor asked if the ordinance should pass In roll call vote of
the Board, with one member absent, the recorded vote wasfive "Ayes" and one "Nay!'.
The Mayor declared the ordinance passed.
ORDINANCE NO. 2117 APPEARS ON PAGE 307 OF ORDINANCE AND RESOLUTION BOOK IV
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RESOLUTION AUTHORIZING EXPENDITURE TO PURCHASE LAND
314.1 The resolution would authorize the expenditure of $540.00 to purchase
a 1.5 acre tract of land located at the southwest corner of Crossover Road
and Old Wire Road for future city park purposes. Owner of the property
was Mr. James R. Skillern.
314.2 The City Attorney read the resolution after which Director Hughes, seconded
by Director Purdy, moved to adopt the resolution. In roll call vote of the
Board, with one member absent, the motion carried unanimously.
RESOLUTION NO. 47-75 APPEARS ON PAGE 166 OF ORDINANCE & RESOLUTION BOOK IV
RESOLUTION AUTHORIZING EXECUTION OF SUBORDINATION AGREEMENT
314.3 The resolution would authorize the Mayor and City Clerk to execute a sub-
ordination agreement to enable SWEPCO to locate a transformer and switching
site on a parkinglot east of East Avenue and south of Meadow Street which is
leased to the city. The resolution was read by the City Attorney and was moved
for adoption by Director Purdy. Director Todd seconded the motion. In roll
call vote of the Board, with one member absent, the motion passed unanimously.
RESOLUTION NO. 48-75 APPEARS ON PAGE 167 OF ORDINANCE $ RESOLUTION BOOK IV
ORDINANCE AMENDING CITY CODE - 1975 Edition National Electrical Code
314.4 The ordinance would amend the City Code by adopting the 1975 Edition of
the National Electrical Code -- the most signigicant change being the require-
ment of ground fault interruptors for electrical receptacles located out of
doors or in bathrooms.
314.5 Director Hughes moved to table the ordinance until the next meeting to
allow further study by Board members. The motion was seconded by Director
Lancaster and carried unanimously in roll call vote of the Board.
ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Ralph Freeman and Charles Palmer
314.6 The ordinance would approve thelarge scale development plan of Ralph
Freeman and Charles Palmer for property located west of Leverett Avenue and
south of Sycamore Street and would accept and confirm dedication of street
right-of-way and/or utility easements.
314.7 The City Attorney read the ordinance the first time after which Director
Hughes, seconded by Director Todd, motioned to suspend rules and place the
ordinance on second reading. In roll call vote of the Board,with one member
absent, the motion passed unanimously. Following the second reading, Director
Purdy, seconded by Director Todd, moved to further suspend rules and place the
ordinance on third and final reading. The motion carried unanimously in roll
call vote of the Board with one member absent. - The ordinance was read the final
time; and, there being no discussion from the Board of audience, the Mayor
asked if the ordinance should pass. In roll call vote of the Board, with
one member absent, six "Ayes" and no "Nays" were recorded whereupon the Mayor
declared the ordinance passed.
ORDINANCE NO. 2118 APPEARS ON PAGE 308 OF ORDINANCE & RESOLUTION BOOK IV
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RESOLUTION AUTHORIZING EXECUTION OF OPTION TO PURCHASE - Fletcher Street Extension
The resolution would authorize the execution of an option to purchase a
0.3 acre tract of land for the extension of Fletcher Street and for waterline
easementsstThe purchase would involve parts of Lots 4, 5, and 6 of the City
Addition to the City of Fayetteville at a purchase price of $5,000.00.
The City Attorney read the resolution which was moved for adoption by
Director Hughes. The motion was seconded by Director Lancaster and in roll
call vote of the Board, with one member absent, the motion carried unanimously.
RESOLUTION NO. 49-75 APPEARS ON PAGE 168 OF ORDINANCE $ RESOLUTION BOOK IV
RESOLUTION AUTHORIZING PURCHASE OF LIFT STATION SITE
The proposed resolution would authorize the purchase of a lift station
site on Highway 62 West, including an access road and easement. Purchase
price of the property is in the amount of $2,000.00.
Director Purdy, seconded by Director Hughes, motioned that the resolu-
tion be adopted. In roll call vote of the Board, with one member absent, the
motion carried unanimously.
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RESOLUTION NO. 50-75 APPEARS ON PAGE 1690F ORDINANCE $ RESOLUTION BOOK IV
PURCHASING ITEMS AND .AWARD OF: BIDS
Bid 287 - Six,24,000,G-VFW_chassis-forSanitation Department. Purchasing Director 315.5
Sturman'Mackey recommended award of the bid to Lewis Ford Company in the amount
of $7,523.44 per truck for a total of $45,140.64 with a supplemental appropria-
tion of $150.00 to be received from the 1975 Revenue Sharing Contingency account
to cover the excess above budgeted funds.
Director Todd stated that it would seem the Sanitation Departmentshould be 315.6
on a self-supporting basis andsh;utlydanot need appropriations from the Revenue
Sharing fund to finance capital•ekpenditures. Mr. Mackey replied that when the
Revenue Sharing was established the City made it a policy to utilize the funds
to purchase capital .items thereby creating a reserve of city funds to be avail=
able should Revenue' Sharing be discontinued** (See insert below)
Director Hughes motioned to accept the recommendation and Director Purdy 315.7
seconded the motion, In roll call vote of the Board, with one member absent,
the motion carried unanimously.
ADJOURNMENT
There being no further business for the Board's consideration, Director
Hughes motioned to adjourn the meeting. The motion met with ,the Board's approval
whereupon the Mayor declared the meeting adjourned.
**Director Todd understood the need for the appropriation in view of the pending
solid waste dispoal facility expenditure%PFHW£t=h:at the Sanitation fund should be
self-supporting in the long run and that the appropriation should be viewed as
an exception rather than general policy.
Marion R. 0:tn, Mayor
ATTEST: APPROVED:
Darlene Westbrook, City Clerk
315 Mario R. Orton, Mayor
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