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HomeMy WebLinkAbout1975-12-02 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS December 2, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a regular session on December 2, 1975 at 7:30 p.m. in the Director's 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, uj Russell Purdy, John Todd, Paul Noland, Al Hughes, and Morris Collier. ABSENT: None CID OTHERS PRESENT: Members of the audience and representatives of the news media. 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 18, 1975 regular meeting. Copies of the minutes had been mailed to each director prior to the meeting. There being no amendments necessary, the Mayor declared the minutes approved as submitted. SIGN APPEALS Southland Corporation d/b/a 7 -Eleven Stores Southland Corporation requested that a variance in the size and setback requirements of the Sign Ordinance be granted to allow the in- stallation of a free-standing sign at 518 South Hill Street. The appellant, represented by Mr. Stan Fox, requested that a variance be granted to allow an 80 square foot sign to be placed 20' from the Sixth Street right-of-way and 15' from Hill Street right-of-way. Mr. Fox stated that, if the sign had to meet setback requirements of the sign ordinance, it would have to be placed in the middle of the store's parking lot. He said the standard sign,used at all the company's loca- tions, would be illuminated and would have a vapor light at the top which would provide light for safety and security purposes. When asked by the Mayor if the firm had not been aware of the sign ordinance prior to construction of the building, Mr. Fox answered that he personally was not aware of the requirements but supposed the cor- poration had been cognizant of the ordinance. Director Todd, seconded by Director Noland, moved that the variance for size be granted but that the setback variance be denied. The recorded roll call vote of the Board was: "Ayes": Todd, Noland "Nays": Collier, Lancaster, Hughes, Orton, Purdy The motion was declared failed. 5'5 55.1 55.2 55.3 56.1 In further discussion, Mr. Fox proposed that the Board grant a setback variance for a 40 square foot sign. Director Noland recalled that, at the time the propoerty had been rezoned, considerable opposition was expressed by the residents of the area and that Southland Corpora- tion assured the Board that it would be a neighborhood business that would not need elaborate indentification to attract business from out- side the neighborhood. Director Lancaster was concerned that, by grant- ing the variance, the Board would provide precedent for the erection of Southland's standard sign at stores that might be constructed in the future. He believed that Southland had created their own hardship in this particular request in that they did not allow for requirements of the Sign Ordinance when the building was constructed. Mayor Orton stated that she could see no justification in approving an over -sized sign merely because it was the standard sized sign used by the company. 56.2 Director Purdy, seconded by Director Noland, moved that the variance request be denied. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Orton, Purdy "Nays": Collier, Lancaster, Hughes The motion was declared passed and the variances denied. United Freight Sales 56.3 United Freight Sales had requested a variance in the setback re- quirements of the Sign Ordinance to allow erection of their sign six feet from the right-of-way at 3505 West Sixth Street. The Mayor called for discussion of the requested variance and there was none. Director Hughes, seconded by Director Todd, moved that the request be denied. The recorded roll call vote of the Board was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": Collier The Mayor declared the motion passed and the request denied. G. F. Patrick d/b/a AC Electric 56.4 Mr. Patrick had requested a variance from setback requirements of the sign ordinance to permit him to erect a sign at his business located at Happy Hollow Road and Huntsville Road. The proposed sign would be 32.5 feet from street right-of-way. 56.5 Mr. Patrick was present in the audience and told the Board that he leased his business premises and that he planned to use an existing sign base for the 35 square foot sign. Director Noland, seconded by Director Todd, moved that the variance be granted provided the sign would be no larger than the 35 square feet. Director Purdy did not feel that there was sufficient reason for granting the variance since the purpose of the variance would be to save the appellant from the expense of constructing another sign base. 56.6 Following further discussion and comment, the Mayor asked if the motion should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes "Nays": Orton, Purdy The Mayor declared the motion passed and the variance granted. Rupert A. Stuart & Company 56.7 The appellant requested a variance from the size requirements of the Sign Ordinance to allow a joint -identification sign to be located 56 at 3535 North College. The request had been tabled at the November 18 Board meeting after some discussion. Ms. Phyllis Johnson and Mr. Lamar Pettus were present to represent the request. Mrs. Johnson felt Mr. Stuart's request represented a case of hardship 'n that the sign to which he wished to attach his sign also was used for advertising purposes. The Board informed Ms. Johnson that the appellant and the owner of the existing sign would have to reach a decision as to whether the advertising would be removed and the sign converted to a joint -identification sign, or, whether the advertising would remain thereby disallowing Mr. Stuart's sign. Should the two parties decide that the advertising would be deleted, the variance would be unnecessary, the Board informed. 01') -During further discussion, the, Board informed Mr. Pett,us•'that Mr. CQ Stuart. could place_a sign on the building's wall if it conformed .to. - et requirements of the ordinance. Mr. Pettus requested that the Board pro - G ceed to act on the request for the variance so that the Board's reaction could be recorded. Director Noland, seconded by Director Hughes, moved that a variance be granted to permit an 85 square foot joint -identification sign. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 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. First considered at the November 18 meeting, the ordinance was left on third reading. Mr. Ken Lazenby was present in the audience to speak in behalf of the request and stated that the request wasmade to permit construction of apartments. He discounted rumors that the development would be an extremely large one and stated that, even though plans for the develop- ment were not complete, he was "quite sure" the development would not be extremely large. He cited an apartment complex to the south and a housing subdivision located to the north from the property and did not think the requested rezoning would be unsuitable. Citing the need for additional housing in the City, Mr. Lazenby requested the Board's favorable action on the request. Director Noland voiced concern about lack of adequate water supply to provide fire protection to a large apartment complex and the in- creased traffic which would result on Moore Lane and Deane Solomon Road. Mr. Lazenby stated that the bulk of the traffic could be channeled to Deane Solomon Road but that he did not forsee considerable traffic con- jestion as a possibility. He said he assumed that arrangements could be made for extension of water services in view of the rapid growth of the area. Director Hughes stated that extension of the water and sewer services would benefit only the development and believed that it would be the developer's responsibility to provide the facilities at his own expense. Mr. Lazenby stated that the use of septic tanks and water wells for the development would be impossible and that the developer would have to look to municipally furnished services with the cost for the extensions shared or assumed by the developer. 57 57.1 57.2 57.3 57.4 57.5 58.1 Comments from the audience included those of Mr. E. H. Sonneman who believed the property in question to be worthless for agricultural use. He did not believe it would be wise for the Board to disregard the Planning Commission's approval of the rezoning request as he felt such action would strip the Planning Commission of authority. 58.2 Director Noland stated that his main objection to the R-2 request was that it would allow a greater degree of density whereas he would not see much problem if the request were for R-1. 58.3 In further discussion, the City Attorney informed the Board that, at their request, he had researched the question of a municipality re- quiring developers to install off-site improvements. He said that even though there wasno case precedent in.Arkansas,and decisions ,of ()they . teous erescc conflicting esome jurisdictions have upheld municipalitie s 58.4 Discussion completed, the Mayor asked if the ordinance should pass The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Hughes "Nays": Todd, Noland, Orton, Purdy The Mayor declared the ordinance failed. REZONING APPEAL - R75-22 / Herndon H. Harris, appellant 58.5 The appeal of a Planning Commission decision to deny rezoning of a .98 acre tract of land located on the south side of Highway 16 East, east of Hinkle Mobile Home Park, from R-1 Low Density Residential to C-2 Thoroughfare Commercial had been tabled at the November 18, 1975 meeting. The Mayor reported that since then the appellant had withdrawn the appeal. ORDINANCE APPROVING LARGE SCALE DEVELOPMENT - Harding Glass 58.6 The ordinance would approve the large scale development plan of Harding Glass Company for property located at 1766 North College Avenue. The City Attorney read the ordinance the first time after which Director Purdy, seconded by Director Noland, moved that rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 58.7 Director Noland, 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": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 58.8 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. uris4ic- require- ORDINANCE NO. 2170 APPEARS ON PAGE 32 OF ORDINANCE & RESOLUTION BOOK V 58 • ORDINANCE AMENDING CITY CODE - Alcoholic Beverage Tax The ordinance would amend the City Code by adjusting the taxes im- posed on wholesalers and retailers for the privilege of selling liquor, wine, and beer within the City and would require that each retail dealer file an annual summary report which has been certified by an independent accountant and shows gross revenues received by the retailer. The ordi- nance would also give the City Clerk the right to inspect and examine records of every retail dealer subject to the tax. The City Attorney read the ordinance the first time after which Director Purdy, seconded by Director Collier, moved that rules be sus- pended and the ordinance placed on second reading. The recorded roll nq call vote of the Board was: 04 "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Director Lancaster, moved that rules be 0110 further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None 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": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2171 APPEARS ON PAGE 33-34 OF ORDINANCE & RESOLUTION BOOK V PURCHASING ITEMS Bid 306: Replacement Two -Way Radio Base Station / W & S Department Purchasing Director Sturman Mackey recommended the bid be awarded to Motorola, Incorporated in the amount of $4,816.36 Director Hughes, seconded by Director Todd, moved that the bid be awarded as recommended. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. Tennis Court Construction / Walker Park Mr. Mackey recommended the bid for construction of two tennis courts at Walker Park be awarded to Anchor Construction Company in the amount of $18,000.00 with some downward adjustments to be made to stay within the budgeted amount of $18,000.00 included within the Community Development Block Grant Program Director Hughes, seconded by Director Lancaster, moved the bid be awarded as recommended. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed. 59 59 59.1 59.2 59.3 59.4 59.5 59.6 59.7 b, 9i 60.1 The City Attorney then read a resolution authorizing the Mayor and City Clerk to execute a contract with Anchor Construction Company for the construction of the Walker Park tennis courts. Director Noland, seconded by Director Purdy, moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the resolution passed. RESOLUTION NO. 95-75 APPEARS ON PAGE 20 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS RECOMMENDATION OF BOARD WATER AND SEWER COMMITTEE - Growth Area Projects 60.2 Director Purdy, Chairman of the Board Water and Sewer Committee, in- formed the Board of the following recommendations adopted by the Committee during a recent meeting: 60.3 1. The Water and Sewer Committee recommends to the City Board of Directors that a change order to the West Growth Area Project be executed which will provide for the installation of some additional four -inch and two-inch water mains at an estimated cost of $33,000. These water lines will serve twelve additional customers immediately, and there is a potential of service to 23 customers. The West Growth Area Project is complete, and there is a remaining balance of approximately $32,000. The re- maining $1,000 from contingencies in other existing Water and Sewer Projects. 60.4 There has been another request for an addition of a service main in the East Growth Area System. This proposed line would serve eight additional customers and would cost approximately $14,000. However, the Water and Sewer Committee has deferred final consideration of the project until the East Growth Area System is farther along and we are more certain of the balance remaining in the fund. 60.5 2. It is the recommendation of the Water and Sewer Committee that the planned 24 -inch loop water system be extended from its pre- sent termination point at Business Highway 71, westward to Cato Springs Road. These project costs, estimated to be $176,000 would be paid from Community Development Urgent Needs Funds with approximately $40,000 coming from EPA refund monies for Pollution Control Plant Construction. We request Board authoriza- tion to advertise for bids. 60.6 The Committee also reported that the West Growth Area System to serve a potential 275 customers is 100% complete and that 83 customers of the 184 who signed forms indicating they desired water had paid for connections to the system. The East Growth Area System to serve a potential 402 cus- tomers, was reported 20% complete with 98 persons of 252 who indicated desire for water having paid for connections. 60 Directors Todd and•Purdy expressed concern'about the low proportion of people who have actually made deposits to connect to the water line. Director Noland stated that a stipulation was made that a minimum of 12 customers would have to make deposits before the City agreed to construct the line. Directors Todd and Hughes, citing the Board's rejection earlier in the meeting of a rezoning request because of the City's inability to extend water services to serve the property, voiced opposition to the line extension which would serve a few customers in the Growth Area. Director Hughes, seconded by Director Collier, moved that the recommendation be rejected. Speaking in support of the recommendation, Director Noland stated that the line extension would actually be a part of the construc- tion of a water system. And Director Lancaster reminded that the people to be served would be paying for the line and not the citizens of the City. Following slight further comment, the City Attorney read a resolu- tion authorizing the Mayor and City Clerk to execute a resolution authoriz- ing „Flint order for the construction of the additional line. Director Noland, seconded by Director Lancaster moved adoption of the resolution. The recorded roll call vote of the Board was: "Ayes": Lancaster, Noland, Orton, Purdy "Nays": Collier, Todd, Hughes The Mayor declared the resolution passed. RESOLUTION NO. 96-75 APPEARS ON PAGE 21 OF ORDINANCE & RESOLUTION BOOK V Director Purdy, seconded by Director Todd, moved that the City Manager be authorized to advertise for bids for the construction of an extension of the planned 24 -inch loop water system westward to Cato Springs Road. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None 61 61.1 61.2 61.3 ORDINANCE ACCEPTING DEDICATION OF RIGHT-OF-WAY - Dunn Street The City Attorney read an ordinance to accept dedication of 61.4 right-of-way to Dunn Street from the United States Veterans Administra- tion. 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": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. Director Noland, seconded by Director Todd, moved that rules be 61.5 further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None 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. 61.6 The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2172 APPEARS ON PAGE 35 OF ORDINANCE & RESOLUTION BOOK V 61 ORDINANCE AUTHORIZING CITY MANAGER TO HAVE UNSIGHTLY, UNSAFE, UNSANITARY PREMISES CORRECTED - Dickson and West Streets 62.1 The City Attorney read an ordinance authorizing and directing the City Manager to abate unsightly, unsanitary, and unsafe conditions exist- ing on property located at the southwest corner of the intersection of West Dickson Street and West Avenue. Director Noland, 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": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the second time. 62.2 Director Purdy, 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": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The motion was declared passed and the ordinance was read the third and final time. 62.3 Following discussion, Mayor Orton asked if the ordinance should pass. The recorded vote of the Board was: "Ayes": Collier, Lancaster, Todd, Noland, Hughes, Orton, Purdy "Nays": None The Mayor declared the ordinance passed. ORDINANCE NO. 2173 APPEARS ON PAGE 36-37 OF ORDINANCE & RESOLUTION BOOK V 62.4 Director Hughes, concerned that a task force committee appointed by the City Manager and charged with the task of investigating possible ways to expedite building permit processes and simplification of planning department requirements had not reported to the Board, moved that the committee be urged to act or the City Manager be authorized to appoint a new committee. The motion was seconded by Director Collier. The recorded roll call vote of the Board was: "Ayes": Collier, Lancaster, Noland, Hughes, Orton, Purdy "Nays": Todd The motion was declared passed. ADJOURNMENT 62.5 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: `aW4 i,h , Darlene Westbrook, City Clerk APPROVED: v L ( .�/1%-n} arion R. Orton, Mayor 62