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HomeMy WebLinkAbout1976-05-18 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS May 18, 1976 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on May 18, 1976, at 7:30 p.m. in the Director's Room of the City Administration Building. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Ernest Lancaster Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. ABSENT: Director John Todd OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES 168.1 The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amend- ments to the minutes of the May 4, 1976 meeting. 168.2 Mayor Orton requested that paragraph 163.7 be amended to read: "During discussion,Mayor Orton commented whether the City wanted to start so deep a strip of R-2 in the area because of drainage problems and lack of green areas...Mr. Davis was present in the audience to answer questions from the Board and briefly discussed drainage accommodations of the property and plans for parks in the area." The Mayor also requested amendment of para- graph 166.5 to read: "He asked Mr. Lazenby to return to the City Manager..." 168.3 There being no further amendments, the Mayor declared the minutes approved as amended. ORDINANCE REZONING PROPERTY - R76-14/Green Acres Rd. & Poplar St/Irvin Bayles 168.4 The proposed ordinance would rezone a 1.68 acre tract of land located at the northwest corner of Green Acres Road and Poplar Street as requested in rezoning petition R76-14 submitted by Mr. Irvin D. Bayles. The zoning change would be from R-1 Low Density Residential to R-0 Residential Office. 168.5 The C ty Attorney read the ordinance the first time after which Director Hughes, seconded by Director Collier, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the ordinance was read the second time. 168.6 Director Collier, seconded by Director Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. 168 1 Mr. Jim Vizzier, private planning consultant for the prospective purchaser of the parcel, explained development plans for the parcel. He informed the Board that his client, Dr. Floyd Harris, proposed to purchase the lot which adjoins a lot to the north owned by another physician. He said tentative plans were for the development of both lots for professional offices. Mr. Vizzier said that, without the rezoning, it would be diffi- cult to develop the lots as planned. In regard to the traffic which would be generated by development of the lots, Mr. Vizzier felt the traffic situation should be addressed at the time the development plan was considered and not at the time the rezoning is requested. He said the rezoning would not affect traffic patterns and that accommodations for traffic could be made at the time the development plan was prepared. Mr. Vizzier contended that a recommendation of the City planner to rezone the western quarter of the parcel R-2 to as a buffer to Qexisting residential uses would not prevent the parcel from being used for a offices and he requested that the Board not rezone according to that recom- 6f] mendation. In further discussion of access for the proposed development, Mr. Vizzier said present plans were for access to be provided from Poplar Street but that access could be provided from Green Acres Road if necessary. However, he said he would not want access to be provided from Green Acres Road near the intersection of Green Acres and Poplar. Director Lancaster stated that an individual had contacted him to oppose the rezoning because the individual objected to additional traffic being introduced to Poplar Street. Lancaster asked if the Board could have assurance that access would be provided from Green Acres Road. Mr. Vizzier stated that he would be prepared to redesign the development to provide better access if necessary but that the traffic accommodations should be considered with the submission of a development plan and not a petition for rezoning. Dr. Floyd Harris was present and stated that a majority of his patients were students at the Woodland Junior High and that traffic would not be a problem since many of his patients would be able to walk to his office from the school. Director Purdy stated that the effect of the development upon traffic patterns would influence his thinking on the issue. Mayor Orton expressed concern about future uses of the property if the rezoning were approved and the parcel not developed as planned. Director Noland, recognizing the fact that other R-0 zones existed in the area, believed that a main concern was the depth of the proposed R-0 zone. illegejtihmosette lcta cotract zaosnurnhce d abs eto declared specific uses of a parcel he wishes to be rezoned. He said such assurances had been declared to be binding upon the party executing the assurance when the developer had executed the document voluntarily without pressure from the governing body. He also noted that professional offices are a conditional use in R-2 zones but are a use-by-right in R-0 zones. The City Manager informed Mr. Vizzier that developers of the parcel should be aware of drainage problems during heavy rainfall so that proper drainage could be provided and included in the development plan. There being no further comments nor any opposition to the rezoning ex- pressed, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes"- Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2227 APPEARS ON PAGE 104 OF ORDINANCE & RESOLUTION BOOK V 170 ORDINANCE REZONING PROPERTY - R76-17/West Sixth St. & Beechwood Ave./ Ozark Forest Products 170.1 The City Attorney advised that the ordinance would rezone the parcel as recommended by the Planning Commission in that the property south of the railroad spur would be rezoned from I-1 to I-2. He then read the ordi- nance the first time after which Director Hughes, seconded by Director Collier, moved rules be suspended and the ordinance read the second time. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the ordinance was read the second time. 170.2 Director Collier, seconded by Director Hughes, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. 170.3 Mr. Bob Love was present to represent the petitioner and stated that the petitioner was in agreement with the recommendation of the Planning Commission. Mr. Love said the property to the north of the railroad was more valuable to them under its present zoning classification. 170.4 There being no further comments nor opposition to the rezoning ex- pressed, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2228 APPEARS ON PAGE 105 OF ORDINANCE & RESOLUTION BOOK V VARIANCE REQUEST - Villa Mobile Home 170.5 Villa Mobile Home Park had requested a variance from the City Code requirements for fencing and recreational areas. The request for variance from the requirements of amount of space required for recreational areas was first considered by the Board. 170.6 Director Hughes, who felt that the request "border(ed) on what I call harassment" in that it was another in a recent series of requests by Villa to be placed on the agenda, raved to establish a moratorium for a period of time necessary to allow Villa developers to decide in toto what they wanted to do and bring the completed plan in for consideration. "It seems to me that having one little item on every agenda is a little too much," Hughes said, "and that is why I term it harassment." He said he would be relunctant to consider further requests of Villa until they coud present a complete plan. His motion died for lack of second. Hughes felt that an eight percent requirement for the recreational area would be the mini- mum that should be required of the mobile home park. 170.7 Director Noland felt the Board should be concerned with the new develop- ment as it relates to the existing ordinance and not what ordinances were in existence at the time the first phase of thepark was developed. Director 170 1 Lancaster felt there was no justification in granting a variance in the required recreational area before a large scale development plan for the new addition had been submitted. Director Purdy, seconded by Director Hughes, moved to deny the variance request. In further discussion, John Hawley, representing Dr. Anderson Nettle - ship, an adjacent property owner, requested the variance be denied. He said his client had had numerous confrontations with developers of the mobile home park. Marshall Carlisle, representing Villa developers, stated that the City planning consultant had made recommendations regarding the recrea- tional area without consulting either the developer or the developer's legal counsel but that the developer was willing to accept the recommen- dations. He did not believe that the mobile home park should be considered Cq as two separate developments in regard to recreational facilities. r" Differences between requirements of the ordinance and recommendations of the planner were slight, he said, but the developer would go back to the drawing board if the Board was not willing to accept the planner's recom- m mendations. Following discussion, the Mayor asked if the motion to deny the variance should pass. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the variance denied. In regard to the variance request from screening requirements of the Code, Mr. Bill Murphy, adjacent property owner, expressed his desire that the variance be granted. He cited a row of trees on the boundary of the Villa property and, even though they did not provide the desired screening, he would like to see the trees retained. He expressed complaints of child- ren living in the mobile home park trespassing onto his property and felt that a six-foot chain link fence should be erected on the park's boundary. Director Lancaster, seconded by Director Hughes, moved the variance be denied. Mr. Hawley again spoke to the Board and expressed his client's desire that the variance not be granted. Mr. Carlisle stated that the development plan calls for a 60 -foot wide street between the park, Mr. Murphy's property, and Bishop subdivi- sion and that the developers had offered to dedicate and pave a portion of the street. The ordinance from which the variance was requested had not contemplated that a mobile home park would be divided from adjacent property by a 60 -foot street, Carlisle stated, and that a screen would create a hazard and traffic problems. Director Lancaster stated that he had not seen the second access provided for yet and before he voted on anything he would like to know where streets will be and what access to the park will be provided. Upon completion of discussion, the Mayor asked if the motion to deny the variance should pass. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland, Hughes "Nays": None Absent: Todd The motion was declared passed and the variance denied. 171 171 171.2 171.3 171.4 171.5 171.6 I 171.7 2 SEWER SERVICE - Northwest Acres Subdivision / Highway 16 West 172.1 Director Purdy reported that the Water and Sewer Committee had dis- cussed the possibility of providing sewer services to Northwest Acres Subdivision and had voted unanimously to deny the service. He there- fore moved that the Board deny a resolution to provide the sewer service to the subdivision. Director Lancaster seconded the motion. 172.2 Mayor Orton believed it would be more desireable for the subdivision to connect to the City sewer rather than install septic tanks. She suggested the subdivision be allowed to connect at the developer's expense and that out -of -city sewer rates be charged for the service. 172.3 Director Lancaster did not favor extending the service to the sub- division believing that those wanting city services should annex to the city and pay taxes for benefit of the services. He believed that once the subdivision had sewer service, the residents would then request police and fire services. Director Noland pointed out that the subdivision was not in an area that could be annexed to the city. Since no formal request had yet been made for the sewer service, Director Noland felt the matter should be tabled. 172.4 Upon completion of discussion, the Mayor asked if the motion to deny a resolution to provide sewer service should pass. The recorded roll call vote of the Board was: "Ayes": Purdy, Collier, Lancaster, Noland, Hughes "Nays": Orton Absent: Todd The motion was declared passed. SIGN APPEAL - 3549 West Sixth Street 172.5 The petitioner, Carolyn McChristian, had requested an interpretation of the sign ordinance in regard to a wall sign located at 3549 West Sixth Street and an interpretation whether an "A" frame sign mounted on an un- licensed trailer is prohibited. 172.6 In regard to the wall sign, Mr. Bob McChristian contended that the sign was not two signs due to the fact that the word "and" located under an awning, connected the sign; thereby meeting the requirement of one sign per wall. Even though the Building Inspection representative had not seen the word "and" at the time of his inspection, Director Purdy stated he had viewed the sign and the word was on the sign which, in his opinion, would qualify the sign to be considered as one sign. He therefore moved that the sign be considered one sign and that the wall sign be allowed. The motion was seconded by Director Colier. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Noland "Nays": None Abstain: Lancaster Absent:, Todd, Hughes The motion was declared passed. 172.7 In regard to the sign mounted upon the trailer, the City Attorney ad- vised that the sign should be considered to be a portable sign since it was mounted on a licensed trailer. Director Purdy, seconded by Director Noland, moved the sign be interpreted as being portable and that it not be allowed. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland "Nays": None Absent: Todd, Hughes The motion was declared passed. 172 1 173 SIGN APPEAL - 3038 North College / Meller's Photo Labs The appeal of Meller's Photo Labs, 3038 North College, requested a variance in the number of wall signs per wall allowable under the sign ordinance to permit the erection of a total of nine signs on six walls. Mr. Tom Redican was present to speak in behalf of the appeal. He acquainted the Board with the building's construction and felt that the building's diminuitive size required more signs to identify the service performed at the location. He said construction of the building prohibited the erection of one single sign which would cover the entire wall of the building. Mr. Redican told the Board that the building had been moved to the location{ with the knowledge that the sign ordinance prohibited more than one wall sign per wall. Director Purdy moved to deny the request citing the fact that the et building had been moved to the location with prior knowledge of require- ments of the sign ordinance, and the fact that no hardship existed. The Gt motion was seconded by Director Noland and the recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Lancaster, Noland "Nays": None Abstain: Collier Absent: Todd, Hughes The motion was declared passed. BID AWARD - Bid 322 / Liquid Oxygen & Vaporizers The City Manager recommended award of Bid 322 for liquid oxygen and vaporizers to Central Welding Supply of Springdale in the amount of $1.10 per 100 cubic foot of oxygen and a net rental of $31.60 per month for each of 6 vaporizers. Mr. Grimes informed the Board that the City obtained the best overall price break if the vaporizers were rented from the same company pro- viding the oxygen. Director Noland, seconded by Director Collier, moved the bid be awarded as recommended by the City Manager. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland "Nays": None Absent: Todd, Hughes The motion was declared passed. ORDINANCE APPOINTING IMPROVEMENT DISTRICT COMMISSIONER - Old Farmington Rd. Street Improvement District No. 76-1 The City Attorney advised that Mr. John Lewis, who had been appointed a commissioner of the Old Farmington Road Street Improvement District, had declined to serve because of possible future conflicting interests. The City Attorney read an ordinance appointing Mr. Hugh Kincaid as commissioner of the district. Director Noland, seconded by Director Collier, moved the rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland "Nays": None Absent: Todd, Hughes The motion was declared passed and the ordinance was read the second time. 173 173.1 173.2 173.3 173.4 173.5 173.6 4 174.1 Director Collier, seconded by Director Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The record- ed roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland "Nays": None Absent: Todd, Hughes The motion was declared passed and the ordinance was read the third and final time. 174.2 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Orton, Purdy, Collier, Lancaster, Noland "Nays": None Absent: Todd, Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2229 APPEARS ON PAGE 106 OF ORDINANCE & RESOLUTION BOOK V ADJOURNMENT 174.3 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: APPROVED: 426 7L, at- 4Li U Marion R. Orton, Mayor ) Darlene Westbrook, City Clerk 174