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HomeMy WebLinkAbout1976-07-06 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS July 6, 1976 The Board of Directors of the City of Fayetteville, Arkansas, met in a regular session on July 6, 1976 at 7:30 p.m. in the Directors' 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 (absent at roll call), Paul Noland, Al Hughes, Russell Purdy, John Todd, and Morris Collier. ABSENT: None OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order by Mayor Marion Orton. Following a brief moment of respectful silence and roll call, the Mayor asked if there be any amendments to the minutes of the regular meeting of June 15, 1976. City Attorney Jim McCord requested amendment to paragraph 189.4 to cause it to read: "...the City Attorney did not know whether temporary variances were valid and said he would research that issue." McCord also requested amendment to paragraph 190.3 to cause it to read: "...if the ordi- nance listed specific animals which were prohibited from running at large, a general term 'any other animal' would be construed to include any of those types of animals listed." He also requested an amendment to para- graph 193.5 to read: "...that the Board follow normal procedure in adopt- ing the occupation tax and franchise ordinances."; and that paragraph 199.1 be amended to read: "...he said condemnation could be authorized." City Manager Grimes requested paragraph 189.3 be amended to read: "...non -conforming signs had not been allowed..." There being no further amendments to minutes of the June 15 meeting, they were approved as amended. Minutes of the special meetings of June 18 and June 22 were approved as submitted. ORDINANCE REZONING PROPERTY - R76-22/Antaeus Lineal Research Associates The proposed ordinance would rezone a 14.3 acre tract located west of North College Avenue and north of Township Road from A-1 Agricultural to R-0 Residential Office. The City Attorney read the ordinance to rezone the present A-1 to R-0. Director Purdy, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 205 205.1 205.2 205.3 205.4 205.5 205.6 206.1 Director Collier, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed time. 206.2 There being no discussion The recorded roll call vote of "Ayes": "Nays": Absent: Todd, Noland, Hughes, None Lancaster and the ordinance was read the third and final , the Mayor asked if the ordinance should pass. the Board was: Orton, Purdy, Collier The mayor declared the ordinance passed. ORDINANCE NO. 2246 APPEARS ON PAGE /a'9 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING SIGN ORDINANCE 206.3 Director Todd requested that action be temporarily delayed until arrival of Director Lancaster. Director Noland, seconded by Hughes, moved the ordi- nance be tabled until arrival of Director Lancaster. The recorded vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed. 206.4 Following Lancaster's arrival, the City Attorney briefly explained the ordinance and its provisions. He then read the ordinance for the first time. 206.5 During discussion, Director Todd requested the ordinance be amended to clarify that one wall sign per business on each wall would be permitted, the total area of all the signs not to exceed size limitations of the ordinance. The City Manager suggested the ordinance provide that projecting signs be re- quired to have an eight -foot clearance above sidewalks. Director Todd also requested that the emergency clause section of the ordinance be amended to delete the word "vague". 206.6 Director Purdy stated he favored either deleting wall sign restrictions completely or liberalizing the ordinance in reagrd to wall signs. He requested the ordinance include the intent of the Board that every business in a join -tenant building should be allowed a wall sign. Mayor Orton stated that the intent of the ordinance was to allow each business to have a wall sign as long as the collective size of the signs does not exceed wall sign size limitations. 206.7 In order to allow further study of wall sign restrictions, particularly in regard to joint tenant buildings, Director Noland moved the ordinance be tabled until the next regular meeting. Director Hughes seconded the motion and the recorded roll call vote was: "Ayes": Lancaster, Noland, Hughes, Orton, Purdy Collier "Nays": Todd Absent: None The motion was declared passed and the ordinance was left on first reading. SIGN APPEAL - 225 North Gregg / Calabash Pottery & Community Cannery 206.8 The petitioners requested a variance from setback requirements of the sign ordinance to permit the erection of a free-standing, joint -identification sign to be located at 225 North Gregg Street, nine feet from the street right-of-way. 206 1 . 1' 207 Ms. Carolyn Griffin and Mr. Jim Smith were present to speak in behalf 207.1 of the appeal. Ms. Griffin told the Board that, if the sign were placed 40 feet from the right-of-way as required, the sign would not be visible from Dickson Street which is the main thoroughfare in the area. She said the joint -identification sign, to be shared by the Community Cannery, would be placed one foot outside of a fence and that the overall size would be less than ordinance limitations. She noted that North Gregg street was, in effect,a dead end street and not travelled by the general public. Mr. Smith explained that the Community Cannery was a project supported by the Washington County Economic Opportunity Agency and the cannery's continuance was dependent upon success of the operation. He said it would be extremely important that the cannery be identified so that it could be easily located Lc: by its patrons. Director Hughes, seconded by Director Collier, moved the variance be 207.2 granted. Hughes amended his motion to grant the variance and that the joint -identification sign not exceed 42 square feet. Collier's second stood. 02 In further comment, Director Todd stated he felt an unusual situation existed in that the businesses were not located on a through street and that the building was not visible from Dickson Street. The Mayor asked if the motion should pass. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the variance granted. SIGN APPEAL - 3118 South School / Bypass Beverage Company The petitioner requested a variance from setback provisions of the sign ordinance to allow the erection of a free-standing sign nine feet from street right of way at 3118 South School. Pete Estes, Jr., speaking in behalf of the request, told the Board he would like to amend the petition to allow the sign to be placed 15 feet from street rights-of-way of South School and Skelton Street. He felt the ordi- nance requirement that the sign be placed 40 feet from the right-of-way would create a hardship for the business since the view of the sign would be blocked by trees and billboards to the south,and that motorists executing a curve .to the north would not see the sign soon enough. Estes believed that placement of the sign as requested in his petition would be an asset to traffic safety since motorists travelling from the south would see the sign in time to make necessary lane changes in order to enter the establishment. He said the sign was not expected to be larger than 35 square feet. Director Noland was concerned that, by granting the variance, a gradual placement of signs nearer the right-of-way would result. Director Hughes felt a hardship existed in that the sign would not be visible from the south. Director Purdy, seconded by Todd, moved the variance be denied. Mr. Estes requested that further discussion be tabled until all members of the Board had had the opportunity to personally visit the location. Mayor Orton stated that all business along the Highway 71B route shared the same potential traffic problems cited by Estes and she did not think the problem to be unique to this location. The Mayor then asked if the motion to deny the variance should pass. The recorded vote was: "Ayes": Todd, Orton, Purdy "Nays": Noland, Hughes, Collier Absent: Lancaster 207 207.3 207.4 207.5 207.6 208.1 Director Hughes moved the variance be granted but the motion died for lack of a second. Director Collier suggested, and the Board concurred, that the variance be reconsidered following arrival of Director Lancaster. 208.2 Upon arrival of Director Lancaster, the Board recessed during which time Mr. Estes was granted the opportunity to present the sign appeal to Director Lancaster. Upon reconvening, Director Hughes, seconded by Collier, moved the 15 -foot variance be granted for the sign to be placed25 feet from the edge of the South School Street and Skelton Street pavements, and that the sign not exceed 35 square feet in area. 208.3 ' Director Lancaster recalled the controversy involved at the time the location was rezoned and the fact that traffic hazards were a main concern at the time of the rezoning. He also recalled that a similar request had been denied of another establishment which had constructed a new business with full knowledge of the sign ordinance. He stated that the petitioners in this appeal were fully aware of the existence of the sign ordinance and its restrictions prior to construction of the establishment. He therefore did not believe a hardship existed which would justify granting a variance. 208.4 The Mayor asked if the motion to grant the variance should pass. The recorded roll call vote was: "Ayes": Noland, Hughes, Collier "Nays": Lancaster, Todd, Orton, Purdy Absent: None The motion was declared failed and the variance denied. ORDINANCE ADOPTING ARKANSAS STATE GAS CODE 208.5 The City Attorney explained that the ordinance would bring the City ordinances in compliance with the Arkansas State Gas Code. 208.6 In view of the fact that Building Inspection Superintendent Harold Lieberenz requested several additional provisions to be included in the ordinance, City Manager Grimes recommended the ordinance be tabled to allow incoporation of the provisions into the ordinance and that the revised ordi- nance be presented at the next regular Board meeting. 208.7 During discussion, the Board questioned the effect the state code would have upon the City's licensing requirements for plumbers and gas fitters. Lieberenz informed that the state code did not provide for local licensing and that the ordinance would have to provide for local licensing. He said the adoption of the state code would result in some increased building costs. 208.8 Following discussion, Director Purdy, seconded by Noland, moved the ordinance be tabled for further revision. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance tabled. ORDINANCE PROVIDING FOR PAVING OF STREETS UNDER COMMUNITY DEVELOPMENT PROGRAM 208.9 The City Attorney explained that the proposed ordinance was a revision of an ordinance considered and subsequently denied at the June 1, 1976 Board meeting. The ordinance would allow waiver by the Board of right-of-way requirements and street design standards for street construction projects to be funded with Community Development funds. The ordinance also would provide that owners of rental property fronting the streets would be expected to pay 50 percent of the cost of paving the portion of the street fronting his property. 208.10 The City Attorney read the ordinance the first time after which Director Noland moved rules be suspended and the ordinance placed on second reading. 208 rA S •• 209 The motion was seconded by Director Hughes; and'the recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Todd, moved rules be further suspended and 209.1 the ordinance placed on third and final reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster U; The motion was declared passed and the ordinance was read the third and final time. Q During a lengthy discussion, members of the Board expressed misgivings 209.2 concerning the cost sharing provision of the ordinance and felt cost sharing ca ca would result in the delay or deletion of street projects. The City Manager felt another alternative would be to request that the Community Development Committee give priority to streets on which the houses are primarily owner -occupied. Noland, seconded by Hughes, moved to delete the last sentence of Section 2(G) which referred to a 50 percent cost sharing by rental property owners. The City Attorney had advised that Section 2(G) might not be upheld in 209.3 court since the City could not, on its own volition, assess part or all of the cost of a street improvement. He was of the opinion that the cost sharing would have to be done on a contract basis and that it could be a matter of policy that a street project would be deleted should a landlord refuse to enter into a cost-sharing contract. CD Administrator Charles Hoffman recom- mended that the CD Committee be allowed to proceedon a contractual basis temporarily in order to determine the feasibility and success of the contractual basis. Director Noland withdrew his motion to amend Section 2(G) and Director Hughes withdrew his second. Mr. Wade Bishop, present in the audience, believed that waiver of street 209.4 designs should not be limited to CD street projects but should be applicable to all unimproved streets in the city. The City Manager stated he would favor such a policy but that he would oppose any proposed waivers for streets of newly developing areas. The Mayor asked if the ordinance should pass. The recorded roll call 209.5 vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2247 APPEARS ON PAGE /Iv OF ORDINANCE & RESOLUTION BOOK V ACCEPTANCE OF RIGHT-OF-WAY DEDICATIONS Director Collier, seconded by Director Hughes, moved that right-of-way dedications contained in the lot splits of J. B. and Betty Kyger (Zion Road) and of Phillip J. and Joyce Warford (Thirteenth Street) be accepted. The Mayor asked if the motion should pass. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed 209 209.6 ORDINANCE AUTHORIZING CORRECTION OF PROPERTY CONDITIONS - 5 South School 210.1 The City Attorney read an ordinance authorizing the City Manager to have unsightly and unsanitary conditions of property located at 5 South School abated. Director Collier, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Rardy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 210.2 Director Purdy, seconded by Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. 210.3 The City Attorney explained that the ordinance was necessary to enable the City to have an enforceable lien upon the property for the cost of abating the unsightly and unsanitary conditions. The Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The mayor declared the ordinance passed. ORDINANCE NO. 2248 APPEARS ON PAGE /.32. OF ORDINANCE & RESOLUTION BOOK V ORDINANCE SPECIFYING OUTSIDE CITY WATER RATES 210.4 The proposed ordinance, read the first time by the City Attorney, would specify outside -city water rates to be paid by water customers annexing into the City. The rates would be effective until October 1, 2000 after which time the inside -city rates would apply. 210.5 Director Purdy, Chairman of the Board Water and Sewer Committee, stated that the intent of the Committee was not to specify that inside -city rates would necessarily apply after the October 1, 2000 date. Director Todd was concerned that the ordinance would penalize those persons who had built their own water lines and connected to the city's water system. He felt the intent of the ordinance should be to reflect that the City had financed the extension of the lines into the Growth Area and did not want customers annexing in order to take advantage of the lower, inside -city water rates. 210.6 Director Purdy, seconded by Collier, moved to amend the ordinance by specifically designating the "1975 Growth Area" and to delete the phrase "at which time the inside city water rates and meter service charges prescribed by this chapter shall be applicable." The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed. 210 2j J Director Noland, seconded by Collier, moved rules be suspended and the 211.1 ordinance placed on second reading. The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. Director Collier, seconded by Director Purdy, moved rules be further 211.2 suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final C4 time. rt Director Todd, seconded by Hughes, moved that Section 1 of the ordinance 211.3 be amended to read: "...shall be applicable to present or future water CO customers of the 1975-76 Growth Area water system..." The Mayor asked if the motion should pass. The recordedroll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed. The Mayor asked if the ordinance as amended should pass. The recorded 211.4 vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2249 APPEARS ON PAGE /.3.30F ORDINANCE & RESOLUTION BOOK V ORDINANCE ESTABLISHING BUILDING BOARD OF ADJUSTMENTS AND APPEALS The proposed ordinance would establish the Building Board of Adjustments 211.5 and Appeals and would provide five-year terms for its members. The City Attorney read the ordinance the first time after which Director Todd, seconded by Noland, moved rules be suspended and the ordinance placed on second reading The recorded roll call vote was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 211.6 Director Todd, seconded by Purdy, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final tf Th Bo rd ! ncu rewith the ominatin C itt e l c m d ti r.tha jurr g ** members onti o$r%rQcfonQrticNY P�IsaIee Siererj Aloill� aord 1.7 "Ayes": Todd, Noland, Hughes, Orton. Purdy, Collier "Nays": None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2250 APPEARS ON PAGE /34 OF ORDINANCE & RESOLUTION BOOK V **Adjustment and Appeals with terms expirinilhs originally designated for the Board of Gnnstrurtion_Annaalc 212 ORDINANCE ESTABLISHING HOUSING BOARD OF ADJUSTMENT AND APPEALS 212.1 The City Attorney read for the first time an ordinance to establish a Housing Board of Adjustment and Appeals, members of which would be com- prised of the five members of the Building Board of Adjustments and Appeals. 212.2 Director Purdy, seconded by Collier, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the second time. 212.3 Director Purdy, seconded by Collier, moved rules be further suspended and the ordinance placed on third and final reading. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. 212.4 There being no discussion, the Mayor asked if the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2251 APPEARS ON PAGE/3560F ORDINANCE & RESOLUTION BOOK V ORDINANCE INCREASING MEMBERSHIP OF BOARD OF ADJUSTMENT 212.5 The City Attorney read for the first time an ordinance to increase the membership of the Board of Adjustment to seven members. Director Collier, seconded by Director Purdy, moved rules be suspended and the ordinance placed on second reading. The recorded roll call vote was: "Ayes": Tadd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: Lancaster The motion was declared passed and the ordinance was read the third and final time. 212.6 The City Manager stated that the increased membership was necessary in order to provide that a sufficient number of members might be present to participate in the decision-making process of the Board of Adjustment. He noted that some decisions had had to be tabled due to absence of members. 212.7 Director Todd disagreed with a provision of the ordinance stipulating that decisions could be made with the concurrent vote of a majority of members present rather than the majority of the full board. He felt the function of the Board of Adjustment to be too significant to allow decisions to be made yp min it of the Jppr'4jnenbershi Tag❑ wo new members would have terms 212.8 �r� j�yslligf{t7QfiarNt1}t?r��n�,' thWayor askedif the ordinance should pass. The recorded roll call vote of the Board was: "Ayes": Noland, Hughes, Purdy, Collier "Nays": Todd, Orton Abstain: Lancaster The Mayor declared the ordinance passed. ORDINANCE NO. 2252 APPEARS ON PAGE /36 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ABANDONING SEWER EASEMENT The ordinance would abandon a sewer easement located on Shuler property Highway 16 East. The City Attorney advised that the City Engineer had re- quested the ordinance be tabled. Director Purdy, seconded by Director Noland, moved the ordinance be tabled. The recorded vote was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: None The motion was declared passed and the ordinance tabled. APPROVAL OF SALE OF FIRE TRUCKS 42 S e3 213.1 Lr C1 Director Purdy moved that two, 1947 Seagraves fire trucks be declared 213.2 et- surplus property and the advertisement inviting bids for their sale be authorized. The motion was seconded by Director Hughes. The recorded roll call vote was: CC "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: None The motion was declared passed. RESOLUTION DECLARING PURPOSE OF REVENUE SHARING FUND TRANSFER The City Attorney read a proposed resolution declaring the purpose of the transfer of Revenue Sharing funds in the 1975 and 1976 General and Public Works funds budgets as being to reimburse the General fund for part of the salaries of the Fire Department; the Public Works fund for street maintenance and construction, right-of-way acquisition, and relocation costs. The City Manager explained that the City's auditors had requested the declaration. Director Noland, seconded by Lancaster, moved adoption of the resolution. The recorded roll call vote was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The resolution was declared passed RESOLUTION NO. 29-76 APPEARS ON PAGE 60 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS ASBELL AND LAKE FAYETTEVILLE PARKS CONSTRUCTION Purchasing Officer Sturman Mackey recommended award of bid and con- tract for improvements to Asbell and Lake Fayetteville Parks be awarded to Jack Burge Construction Company in the amount of $29,157; that the bid for electrical poles be awarded to Upchurch Electric in the amount of $2,170.48; and the bid for installing the electrical poles be awarded to Eugene Notten- kamper in the amount of $870.00. Total projects cost would be $35,714.23, Mackey reported, and would include lighting fencing, construction of dugouts and installation of bleachers at the Asbell Park site and the light- ing of the Lake Fayetteville Park softball field. Director Purdy, seconded by Director Todd, moved the recommendation be accepted. The recorded vote was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None Absent: None The motion was declared passed. 213 213.3 213.4 213.5 213.6 14 Bid 328 - Concrete Tile and Tees 214.1 Purchasing Officer Sturman Mackey recommended the award of bids for concrete tile and tees be awarded as indicated on the prepared tablula- tion sheet for Bid 328 and that purchases be made under one-year contracts beginning July 7, 1976 and expiring July 7, 1977. Director Lancaster, seconded by Noland, moved the recommendation be accepted. The recorded vote was: "Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier "Nays": None The motion was declared passed. OTHER BUSINES NORTH STREET/GARLAND STREET IMPROVEMENTS PROJECT 214.2 The City Manager gave a brief progress report concerning the North Street/Garland Street widening project. He said right-of-way negotiations were underway. Director Hughes felt there was a necessity for publicity about the project as some people were not aware of what the project would entail. ADJOURNMENT 214.3 There being no further business for the Board's consideration, and upon motion by Director Hughes, the Mayor declared the meeting adjourned. ATTEST: DARLENE WESTBROOK, City Clerk 214 APPROVED: at?i.ZAP D� MARION R. ORTON, Mayor