Loading...
HomeMy WebLinkAbout1975-11-18 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS November 18, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on November 18, 1975 at 7:30 p.m., in the Directors Room of the City Administration Building. PRESENT: City Manager Donald Grimes; Administrative Assistant David McWethy; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Ernest Lancaster, Russell Purdy, John Todd, Al Hughes, and Morris Collier. N d' ABSENT: Director Paul Noland 010 OTHERS PRESENT: Members of the audience and representatives of the news media 1 CALL TO ORDER AND APPROVAL OF MINUTES Mayor Marion Orton called the meeting to order and, following a brief moment of respectful silence, asked if there be any amendments to the minutes of the November 4 regular meeting. Copies of the minutes had been mailed to each director prior to the meeting. Director Hughes requested amendment to paragraph 40.5 to cause the first sentence to read: "Mr. Ball then stated that it was his understanding that..." This amendment meeting with the Board's approval and there being no further changes necessary, the Mayor declared the minutes approved as amended. ORDINANCE REZONING PROPERTY - R75-23 / Ronald W. Curry, et al; petitioners Petitioners requested rezoning for a 21.58 acre tract located east of Deane Solomon Road and south of Moore Lane from A-1 Agriculture to R-2 Medium Density Residential. The City Attorney read for the first time an ordinance to rezone the property as requested. Director Hughes, seconded by Director Collier moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Director Purdy, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. The Mayor then invited comments from the audience. Mr. 45 4 45.1 45.2 45.3 45.4 45.5 45.6 Jimmy Parker, resident of the area in which the rezoning is requested, expressed to the Board his opposition to the request Lack of available city services to the area, lack of improvements to Moore Lane, and pre- servation of the area's environment were bases for Mr. Parkers objection. He requested that the Board amend the ordinance to provide a buffer zone by stipulating that the R-2 zone would begin 175 feet from Moore Lane. He did not feel that residential development should extend beyond the by- pass at this time. Not a property owner himself, Mr. Parker stated that he had talked with "a couple" of other adjacent property owners who were in agreement with him. 46.1 Director Hughes felt there was no need for a buffer zone because of setback requirements and stated that the development could not be started until the proper zoning was obtained with provision of utilities and the development of Moore Lane to be decided at the time the plans for the development were submitted. The City Manager expressed that his main concerns were the development of Moore Lane and the availabi- lity of utilities. The City Attorney advised the Board that the compati- bility of the use requested should be considered as well as the availi- bility of services. 46.2 Following slight further discussion, Director Hughes moved that the ordinance be tabled until next meeting to allow a representative of the petitioner to be present to discuss the request with the Board. The motion was seconded by Director Todd and the recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes "Nays": Orton Absent: Noland The motion was declared passed and the ordinance was left on third reading. ORDINANCE REZONING PROPERTY - R75-24 / Fayetteville Industrial Park Committee, petitioner 46.3 The ordinance, read the first time by the City Attorney, would re- zone an 8 -acre tract of land located on Highway 16 East Bypass north of the intersection of Armstrong Avenue/Curtis Avenue from R-1 Low Density Residential to C-1 Neighborhood Commercial and R-0 Residential Office; the portion east of Curtis Avenue to be rezoned C-1 and that to the west to be rezoned R-0. 46.4 Director Purdy, seconded by Director Collier, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. 46.5 Director Collier, seconded by Director Hughes, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. 46 There being no pass. The recorded "Ayes": Purdy, Coll "Nays": None Absent: Noland The Mayor declared discussion, the Mayor roll tall vote of the ier, Lancaster, Todd, the ordinance passed. asked if the ordinance should Board was: Hughes, Orton ORDINANCE NO. 2162 APPEARS ON PAGE 24 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R-75-25 / Charles Cassat, petitioner The ordinance, read the first time by the City Attorney, would rezone a 1.6 acre tract of land located on the north side of Township Road from A-1 Agricultural to C-2 Thoroughfare Commercial. Director Collier, seconded by Director Purdy, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Director Hughes, moved to further suspend rules and place the ordinance on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2163 APPEARS ON PAGE 25 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REZONING PROPERTY - R-75-28 / Rodger Seratt, petitioner The ordinance, read the first time by the City Attorney, would rezone a .3 acre tract of land located at the southeast corner of the inter- section of School Avenue and Mountain Street from R-0 Residential Office to C-2 Thoroughfare Commercial. Director Purdy, seconded by Director Todd, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Director Todd, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. 47 4 1 47.1 47.2 47.3 47.4 47.5 47.6 48 48.1 In discussion of the proposed use of the property as a used car lot, Director Hughes stated that he was concerned that cars might be parked so close to the curb so as to create a traffic hazard. The City Manager stated that, should cars be parked in a way that would create a hazard, the situation might be corrected administratively. 48.2 After slight further discussion and comment, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2164 APPEARS ON PAGE 26 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - 90 West Township 48.3 The ordinance, read the first time by the City Attorney, would approve the large scale development plan of Charles Cassat for property located at 90 West Township Road and would accept and confirm dedication of street right-of-way and/or utility easements. The City Attorney ad- vised that the necessary right-of-way dedications had been executed by the developer. 48.4 Director Hughes, seconded by Director Todd, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. 48.5 Director Purdy, seconded by Director Hughes, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. 48.6 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2165 APPEARS ON PAGE 27 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE APPROVING LARGE SCALE DEVELOPMENT PLAN - Woodland Junior High 48.7 The ordinance would approve the large scale development plan of the Fayetteville Public Schools for the construction of a gymnasium at Wood- land Junior High School and would accept and confirm the dedication of street right-of-way and/or utility easements. The City Attorney report- ed that the necessary right-of-way dedications had not been made and that the developer had not clarified its parking provisions. 48 1 The Mayor stated that the City was requiring "quite a bit" of addi- tional parking spaces because of the square footage of the school and suggested that perhaps the parking requirements could be amended since functions in the gymnasium and other sections of the building would not likely be conducted simultaneously. Director Lancaster questioned if the school would provide proper drainage facilities to prevent water drainage from flowing onto area residential property. The City Manager replied that the school officials felt that the City was responsible for providing proper drainage for the area. Following further discussion, Director Purdy, seconded by Director Collier, moved that approval of the development be conditioned upon pro- vision of drainage facilities satisfactory to the City Manager. The re- nt) corded roll call vote of the Board was: Ii "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland 85 The motion was declared passed. Director Purdy, seconded by Director Lancaster, moved that dual-purpose parking be approved for the development. There being no discussion, the Mayor asked if the motion should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Tadd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed. The City Attorney then read the ordinance to approve the development conditional upon: (1) dedication of five additional feet of street right-of-way; (2) providing plat depicting parking provisions for the school; and (3) provisions made to provide drainage subject to the City Manager's approval. Director Collier, seconded by Director Hughes, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Director Collier, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. There being no further discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2166 APPEARS ON PAGE 28 OF ORDINANCE & RESOLUTION BOOK V 49 4 9 49.1 49.2 49.3 49.4 49.5 49.6 ORDINANCE APPROVING LARGE SCALE DEVELOPMENT - Associated Produce 50.1 The ordinance, read the first time by the City Attorney, would approve the large scale development plan of Associated Produce for property on the east side of Highway 71 North, east of the intersection of Johnson Road and would accept and confirm dedication of street right-of-way and/or utility easements. 50.2 Director Hughes, seconded by Director Purdy, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. 50.3 Director Todd, seconded by Director Lancaster, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. 50.4 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2167 APPEARS ON PAGE 29 OF ORDINANCE & RESOLUTION BOOK V SIGN APPEAL - Rupert A. Stuart & Co. 50.5 Rupert A. Stuart and Company had requested an appeal for a variance from requirements of the sign ordinance to allow a larger free-standing joint -identification sign to be located at 3535 North College Avenue. 50.6 Ms. Phyllis Johnson, representing Mr. Stuart's request, stated that the request was being made because the sign would be placed on an exist- ing sign at the location and would increase the total sign area to 88 1/3 square feet -- 5 1/3 sqaure feet more than allowed by the ordi- nance. Ms. Johnson stated that, because of lack of pedestrian traffic and building setback, a professional's plaque attached to the building would serve no purpose. She said the Stuart sign would be similar in appearance to the existing sign but that it would be smaller. She also noted for the Board the fact that Mr. Stuart's professional accountants organization regulated size of signs of its members. 50.7 The City Attorney advised Ms. Johnson that joint -identification signs are not allowed to carry advertising and the owner of the existing sign would have to be contacted as to plans for the marquee portion of the sign. Director Hughes, who informed Ms. Johnson of possible action of a Board committee to propose amendments to the sign ordinance in regard to joint -identification signs for multiple occupancy buildings, moved to table the appeal until the next Board meeting when those possible amendments might be known. Ms. Johnson indicated that it would be agree- able to table the matter. 50 • The motion to tabld was seconded by Director Purdy. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the appeal tabled until next meeting. 31 51.1 ORDINANCE VACATING ALLEYS - Farm Service Cooperative, et al., petitioners The ordinance, tabled at the November 4 meeting, would close and 51.2 vacate several unopened alleys and street rights-of-way in an area bounded by Government Avenue, South School Avenue, Sixth Street, and ►S Eleventh Street. Petitioners are Farm Service Cooperative, Jack and ^� Carol Budd, Marjorie Budd, M. Ray Adams and Mcllroy Bank as trustee, 71" Nora B. Adams Estate, Stewart B. Fugitt, Argil and Emma Bell Bartholo- mew, and George, Jr., and Joann Davis. Cn The City Attorney read the ordinance for the first time after which 51.3 Director Purdy, seconded by Director Collier, moved to suspend rules and place the ordinance on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Orton "Nays": None Absent: Noland, Hughes The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Director Purdy, moved to further sus- 51.4 ' pend rules and place the ordinance on third and final reading. The re- corded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Orton "Nays": None Absent: Noland Hughes The motion was declared passed and the ordinance was read the third and final time. During discussion, the City Manager stated that he did not think it 51.5 would be in the City's best interests to vacate the alleys and rights-of-way at this time in view of the proposed improvements to the South School Avenue/Highway 71 intersection and in view of the fact that the the utility easements would be necessary to service future use of the property following Farm Co-Op's proposed relocation. Mr. Jim Dickson, legal counsel for the petitioners, noted for the 51.6 Board that several of the alleys and street rights-of-way have buildings located on them. He suggested that, if the City felt a need to retain certain alleys or rights-of-way to relieve traffic conjestion, they be left open and an ordinance resubmitted to retain them. He stated that he did not think it would be proper to leave all of them open. He said the closings were being requested 5:o that the property could be sold and clear title obtained. Director Collier moved that the ordinance be tabled until the 51.7 City Manager and the petitioners could be satisfied. The motion lost for want of a second. The City Attorney suggested the ordinance be rejected so as to allow 51.8 ' petitioners and city officials to confer to deliniate which streets or alleys needed to be retained with a new ordinance to be submitted at a later date. Mr. Dickson stated that one reason the petitioners wanted 51 52 the streets to be retained clearly deliniated was that, in 1972, the Co -Op had come before the Board for approval of a small expansion -- said approval and subsequent building permit to be exchanged for the dedication of 50 feet of right-of-way. Likewise, Mr. Dickson stated that the Co -Op would not want an additional 50 foot dedication to be a condition for approval of the street and alley closings. Mayor Orton objected to Mr. Dickson's wording concerning the 1972 issue, saying that City Ordinance provides that when a development generates sufficient additional traffic, the developer is obligated to assist with providing accommodation for the additional traffic. Mr. Dickson clarified that the location of buildings on the City's alleys and rights-of-way in the area was not due to actions of the City's present form of govern- ment. 52.1 Discussion completed, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": None "Nays": Purdy, Collier, Lancaster, Todd, Hughes, Orton Absent: Noland The Mayor declared the ordinance failed. REZONING APPEAL - R75-22 / Herndon H. Harris, appellant 52.2 The appeal, concerning the rezoning of a .98 acre tract of land located on the south side of Highway 16 East, east of Hinkle Mobile Home Park; was recommended tabled by the City Manager upon request by the appellant's legal counsel. 52.3 Director Hughes, seconded by Director Purdy, moved that the appeal be tabled. The recorded roll call vote of theBoard was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the appeal tabled. RESOLUTION AUTHORIZING CONTRACT - Annual Contributions Contract 52.4 The resolution, read by the City Attorney, would approve, and authorize the City Manager and City Clerk to execute, an Annual Contri- bution Contract with the Federal Government for payments to the City for the benefit of low-income families under a program supervised by the Community Development and Housing Office. Director Hughes moved adoption of the resolution and Director Todd seconded the motion. 52.5 Following slight comment, the Mayor asked if the resolution should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the resolution passed. RESOLUTION NO. 94-75 APPEARS ON PAGE 19 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE REQUIRING ABSTRACTERS CERTIFICATES - Municipal Improvement Districts 52.6 The ordinance would require municipal improvement district formation petitions to be accompanied by a certificate from an abstracter listing the names of all property owners within the proposed district and the 52 assessed valuation of each owner's property. The City Attorney explained that the City had, in the past, been held responsible for obtaining the certificate at its own expense. The City Attorney then read the ordinance the first time after which Director Collier, seconded by Director Todd, moved that rules be suspend- ed and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Director Collier, moved that rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The Mayor declared the ordinance passed. ORDINANCE NO. 2168 APPEARS ON PAGE 30 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AUTHORIZING NEGOTIATED CONTRACTS - Housing Rehabilitation The ordinance, read the first time by the City Attorney, would authorize the execution of negotiated contracts for rehabilitation of nine residential structures under the Community Development Program. Director Hughes, seconded by Director Collier, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Hughes, Orton "Nays": None Absent: Noland The motion was declared passed and the ordinance was read Director Collier, seconded by Director Hughes, moved further suspended and the ordinance placed on third and fi The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Todd, Noland, Hughes, "Nays": None Absent: Noland The motion was declared passed and the final time. Director Todd questioned the Community Development Administrator whether the rehabilitation of the residences would bring them up to city standards. Mr. Hoffman replied that the rehabilitation may not bring them fully into compliance with the code and that criteria of the program limited expenditures on any one project to $5,000. Director the second time. that rules be nal reading. Orton ordinance was read the third and 53 53 53.1 53.2 53.3 53.4 53.5 5 4 Todd stated that he felt the program ceased to become an the city and became a "give-away" when rehabilitation of not bring them up to standards of the code. There being comments, the Mayor asked if the ordinance should pass. roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Hughes, Orton "Nays": Todd Absent: Noland The Mayor declared the ordinance passed. investment for the houses could no further The recorded ORDINANCE NO. 2169 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK V ADJOURNMENT 54.1 There being nofurther business for consideration by the Board, the Mayor, upon consent of the Board, adjourned the meeting. ATTEST: 1, % Darlene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor 54