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HomeMy WebLinkAbout1977-09-20 MinutesN CO PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al Hughes, David Malone, Philip Colwell, and Ann Henry. 79 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS September 20, 1977 The City of Fayetteville Board of Directors met in regular session on September 20, 1977, at 7:30 p.m., in the Director's Room of the City Administration Building. ABSENT: None Q 1 OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER The meeting was called to order by Mayor Lancaster. Following a moment of 79.1 respectful silence and roll call, the Mayor called for consideration of the first item of business. ANNEXATION - Crossover Road / Old Wire Road On behalf of residents of the Crossover Road/Old Wire Road area, the City Manager requested the Board consider initiation of annexation proceedings for an area along Crossover Road lying just south of the intersection with Old Wire Road on the east side of Crossover Road. While addressing the Board the City Manager amended the annexation proposal to include the area south of the Spring- dale water and sewer service district boundary along the existing eastern city limit boundary southward to the city limit boundary north of Highway 45 East. The City Manager recommended the annexation of the area in order to close what he termed serious gaps in the land use plans for Highway 265. Since much of the land is not subject to city zoning regulations, existing and future residential uses would be jeopardized by possible undesirable commercial uses which could be established without prior city or county approval. He reported that a small commercial establishment was currently under construction just south of the Old Wire Road/Crossover Road intersection and near two recently constructed homes. Mr. James Skillern, property owner in the area under consideration, spoke in opposition to the annexation proposal. He recognized the City's concern for protecting new residential homes but questioned who would protect the interests of property owners who had resided there for many years and who do not wish to be annexed to the city and subjected to city zoning and building regulations. Skillern did not think that the quantity or quality of city services would be sof interest to the property owners who would be affected by the annexation. 79 79.2 79.3 79.4 I S0 80.1 Mrs. George Burson also spoke in opposition to the annexation. The Board assured Mrs. Burson that, contrary to her understanding, annexation to the City would lower her fire insurance premiums since she would receive the same fire rating as inside -city property. Mr. John Brown felt the City was not properly maintaining sidewalks along Mission and questioned provision of fire protection services if the area is annexed. 80.2 Attorney Leonard Greenhaw was present to speak in behalf of Mrs. Eleanor Williams, owner of property in the area proposed for annexation. Greenhaw in- formed the Board that Mrs. Williams was constructing a dance studio just outside the city limits south of the Old Wire Road/Crossover Road intersection, but that it was a structure to house an art form and not to provide a location for a dance hall. Greenhaw recognized the fact that, should the area be annexed, the studio would become a non -conforming use and his client would not be able to make expan- sions without first petitioning for rezoning. 80.3 The City Manager noted that the land use plan envisioned the area for R-1 purposes and noted that the area would be annexed as A-1 with any zoning changes being petitioned for by the property owners. Current agricultural uses within the area would be allowed to continue, Grimes stated. Grimes told the property owners that their property would be subject to seven mills property tax and would be entitled to police, fire, sanitation and land use planning benefits In regards to sewer availability, Grimes said plans are that the sewer will run along the east side of Crossover Road. While some property would not be able to receive sewer service for probably another five years, much of the area could readily be served. Plans for access to Crossover Road call for access streets to be permitted every few hundred feet with no limitation on driveways for individual lots. Subdivisions would be encouraged to include collector streets. Mr. Bill McLeod, owner of property inside city limits and adjacent to the II/ dance studio under construction, recommended the Board annex the property in order to protect existing residential uses. McLeod said that, at Guyton's request, he was also representing Mr. Rick Guyton, his neighbor. 80.4 Mr. Jim Lindsey felt the annexation would be justifiable if sewer were available. Without availability of sewer, and in consideration of the city zoning and building regulations which would be invoked, Lindsey felt the area would be bypassed in favor of areas without strict regulations. 80.5 Director Malone suggested that, rather than be annexed, property owners might desire to execute covenants in which they would restrict uses of their property to uses allowed in the City's R-1 and A-1 classifications. Director Malone felt the covenants would provide needed protection from inharmonious uses. Malone moved the annexation proposal be tabled for two weeks to allow the City Manager to investigate the number of property owners that would be involved in executing covenants, and that the City Attorney be instructed to investigate the possibility of entering into covenants to restrict property uses either for R-1 or A-1 activities. The motion was seconded by Hughes. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the motion passed. 80 1 81 ORDINANCE REZONING PROPERTY - R77-33 / West Mountain Street / Ethel B. Smith Estate The City Attorney read an ordinance to rezone a .18 acre tract of land, 81.1 located on the north side of West Mountain Street west of South School Avenue, from R-0 Residential Office to C-2 Thoroughfare Commercial. First National Bank, as executor of the Ethel B. Smith Estate, had initiated the rezoning petition. Director Malone, seconded by Hughes, moved rules be suspended and the ordi- 81.2 nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. (V Director Noland, seconded by Malone, moved rules be further suspended and 81.3 CO the ordinance placed on third and final reading. The recorded vote was: 1.0 Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None 0 The motion was declared passed and the ordinance was read the third and final Q time. Q Attorney Marshall Carlisle was present and stated that the rezoning would 81.4 allow sale of the property and closing of the estate. Director Hughes felt the Planning Consultant to be inconsistent in his recommendations for rezoning property within this area. Director Malone noted that the the land use plan denoted the property as the western terminous of commercial property. There being no comments in opposition to the rezoning, the Mayor asked if the 81.5 ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2377 APPEARS ON PAGE 311 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING ORDINANCE 2347 - Cultural Center Board of Trustees The Board of Trustees of the Northwest Arkansas Cultural Center had request- ed amendments to Ordinance 2347 to increase trustee membership, amend terms of office, and delete reference to four trustees to represent the arts. The ord fi- nance had been left on first reading at the September 6 meeting. At the request of the Trustees, represented by Mrs. Linda Welch and Mr. Marshall Carlisle, Director Malone moved the ordinance be amended to delete provision for increased trustee membership. The motion was seconded by Director Hughes and the recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance amended. Mrs. Welch told the Board that deletion of requirement that four trustees represent the arts was recommended since the trustees felt the slots could be held by community people thereby relieving trustees of additional duties. She noted that the group's bylaws were written to include an Arts Development Council to be comprised of community people to assist with fund raising. The City Attorney read the amended ordinance the second time. Director Hughes, seconded by Todd, moved rules be suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the third and final time. 81 81.6 81.7 81.8 81.9 82 82.1 There being no further discussion, pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Nays: None The Mayor declared the ordinance passed. the Mayor asked if the ordinance should Noland, Hughes, Malone ORDINANCE NO. 2378 APPEARS ON PAGE 312 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE ESTABLISHING STANDARDS FOR PRIVATE ROADS WITHIN PLANNED UNIT DEVELOPMENTS 82.2 The ordinance, recommended by the Planning Commission, would create standards for private roads within a planned unit development. The City Attorney noted that the Planning Commission had, in the past, approved private roads for PUDs but preferred formal adoption of standards. McCord said the ordinance was intend- ed as an interim measure pending full revision of the PUD ordinance. 82.3 Noting that the city's Planning Consultant would be involved in the revision process, Director Hughes felt the revision should be the task of a committee previously appointed to study the PUD ordinance. He also felt the entire ordinance, rather that individual sections, should be amended at one time. 82.4 Director Colwell felt that the 20 -foot wide streets without curb, gutter, or sidewalk, would not be adequate to accommodate traffic and would invite "total chaos." Planning Commission member Ernest Jacks informed that PUD residents or property owner's association would be responsible for policing parking regula- tions. 14r. Claud Prewitt felt the 20 -foot wide streets would allow more attractive PUD developments. Accoraing to !Ir. Prewitt, current street construction standards call for wider streets in order to provide parking space; however, the added width resulted in higher development costs. Mr. Jacks stated that the ordinance was written with the assumption that off-street parking would be provided. Jim Lindsey did not feel that parking would be a problem since required setbacks would probably prohibit a density of seven units per acre as anticipated by the proposed ordinance. Directors expressed concern that congested parking would prohibit access by emergency vehicles 82.5 Director Malone felt that the plat review process would provide opportunity for input from fire, police, and sanitation supervisors. The City Attorney ad- vised that, even though the streets would be private, residents of the PUD would be governed by city ordinances and city service vehicles would be allowed access. 82.6 The City Attorney read the ordinance the first time. Director Malone, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. 82.7 Director Malone, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordnance was read the third and final time. 82.8 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE N0. 2379 APPEARS ON PAGE 313 OF ORDINANCE & RESOLUTION BOOK V 82 1 1 III N U Q Q 83 ORDINANCE AMENDING ZONING ORDINANCE - Fencing Regulations The Planning Commission had recommended an ordinance to amend the zoning ordinance by simplifying and consolidating fencing regulations. Mr. Ernest Jacks, Planning Commission member, explained that the ordinance was drafted to provide incentive for landscaping as an alternative to fences or screens since the fences and screens occasionally create worse situations than what was intended to be obscured. Mayor Lancaster expressed concern that the ordinance would provide addi- tional delays to those developers who had previously been required to install view obscuring fences or screens. He also questioned how the ordinance would be applied if the vegetation did not survive. Director Todd felt that the Police Department should enforce the ordi- nance where vehicular or pedestrian traffic is impeded and Director Malone felt the ordinance should avoid ambiguities which would allow fences or vege- tation to block sidewalks. The Board also discussed at length the fact that the ordinance would allow front -yard fences. While some agreed that individual front -yard fences would provide a welcome reprieve from the monotony of a subdivision's appearance, other Directors felt they would render setback require- ments meaningless and would impede traffic sight distance of adjoining property owners. Director Malone moved the ordinance be amended to include a provision that, in the event vegetation does not obscure the view within two years, a fence or screen would be installed. The motion was seconded by Director Henry. The re- corded vote was: Ayes: Colwell, Henry, Todd, Noland, Hughes, Malone Nays: Lancaster The motion was declared passed. Mayor Lancaster moved the ordinance be amended to provide that the ordinance shall not be applicable in cases where the Board of Directors or the Planning Commission have previously required screening under provisions of the existing ordinance. The motion was seconded by Director Noland and the recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. Director Todd moved that section 1.2 be amended to provide that the Police Chief shall enforce the ordinance in regards to vehicular and pedestrian traffic. Todd felt the Police Chief would be the proper authority for dealing with the public's safety. The motion died for lack of second. The City Attorney read the ordinance the first time. Director Hughes, seconded by Colwell, moved the rules be suspended and the ordinance read the second time. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Noland, Hughes Nays: Todd, Malone The motion was declared passed and the ordinance was read the second time. Director Noland, seconded by Hughes, moved''further suspension of the rules to allow third reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Noland Hughes Nays: Todd, Malone The motion was declared passed and the ordinance was read the third time. Director Todd did not feel that the Board was providing practical safeguards for drivers or homeowners. He did however agree with many of the ordinance ideal The Mayor asked if the ordinance should pass. The recorded vote was: Ayes. Lancaster, Cowell, Henry, Noland, Hughes, Malone Nays: Todd The Mayor declared the ordinance passed. 83 s. 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 84 84.1 Director Colwell, seconded by Henry, moved adoption of the emergency clause. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Noland, Hughes Nays: Todd, Malone The motion was declared passed. ORDINANCE NO. 2380 APPEARS ON PAGE 315 OF ORDINANCE & RESOLUTION BOOK V WATER MAIN OVERSIZING - Zion Road / Crossover Road 84.2 The City Manager and City Engineer recommended city participation in the cost of oversizing a 6 -inch water main in the Zion Road/Crossover Road area to provide a 12 -inch main. The 1,440 foot main enlargement would cost an estimated $11,640 with city participation ceasing just prior to the crossing of Highway 265. City Manager Grimes said the line was in an area which should have as many large lines as possible since the area should develop relatively rapidly. Director Malone, seconded by Todd, moved approval of the recommendation. 84.3 Director Hughes was concerned that future water main oversizing requests might have to be denied because of lack of funds. City Manager Grimes ex- plained that the Water and Sewer fiscal year had just begun and that oversizing projects were budgeted. In addition, Grimes stated he could not assure that he would recommend each request for approval by the Board. 84.4 Director Malone, seconded by Todd, moved approval of the recommendation. The recorded vote was: Ayes: Lancaster, Colwell, Todd, Noland, Nays: None Abstain: Henry Director Henry stated she had an interest The Mayor declared the motion passed. Hughes, Malone in the matter. ORDINANCE WAIVING BIDDING REQUIREMENTS - Housing Rehabilitation 84.5 At its September 6 meeting, the Board left on first reading an ordinance which would allow waiver of competitive bidding requirements for rehabilitation of three structures under the Community Development Program. 84.6 Chuck Hoffman, CD Administrator, requested the Board also permit expenditures of up to $6,500 for structures located at 100 NortiiWillow and 324 East Center. He felt the increased maximum expenditure could be justified in view of increased costs in labor and materials. He stated he intended to recommend to the Housing Assistance committee that the maximum expenditure limit be increased prior to the 1978 program. 84.7 During discussion of structural value, Director Noland felt a point would be reached whereby it would be more practical to rebuild rather than to renovate. Director Colwell noted apparent lack of pride of home ownership for one of the structures under consideration and questioned whether the renovation could create a sense of pride on the part of the owner. 84.8 Hoffman informed that all rehab work will comply with code regulations but that the structures don't always meet the housing code upon completion of rehab work. One reason that the housing code is not always met, Hoffman informed, is because of consideration of square footage requirements. 84.9 The City Attorney read the ordinance the second time. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on third reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the third time. 84 1 1 85 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Noland, Hughes, Malone Nays: Todd The Mayor declared the ordinance passed. Director Malone asked if it was the Board's intention that the maximum expenditure allowance be waived as requested. The Board indicated its con- currence that the maximum allowed expenditures be increased to $6,500 for 324 East Center and $6,000 for 100 North Willow. ORDINANCE NO. 2381 APPEARS ON PAGE 317 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE VACATING ALLEY - Lindell & Garland Streets (Y) The City Attorney read an ordinance to vacate an alley located between Lindell and Garland Avenues from North Street to Hughes Street. The City Manager U explained that, during right-of-way negotiations for the North Street and Garland improvement project, the City had agreed to close the alley. Director Hughes, seconded by Malone.,, moved rules be suspended and the ordi- C nance placed on second reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Malone, moved rules be suspended and the ordi- placed on third and final reading. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None 11/ The motion was declared passed and the ordinance was read the third and final time. There being no opposition expressed, the Mayor asked if the ordinance should 85.6 pass. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2382 APPEARS ON PAGE 318 OF ORDINANCE & RESOLUTION BOOK V AWARD OF BIDS Bid 358 - Water and Sewer Backhoes 85.1 85.2 85.3 85.4 85.5 Purchasing Officer Sturman Mackey recommended award of bid for one backhoe 85.7 with enclosed cab to Northwest Equipment Company at a bid price of $17,444.00; and to Williams Ford for a backhoe without enclosed cab at a bid price of $16,161.00 with option to purchase one set of street pads at $125.00. Director Colwell noted slight differences in the bids of the first unit and questioned whether or not the difference would be offset by inconvenient repair and parts service. Mackey stated he did not think any problems would be experienced with service availability. Director Noland, seconded by Henry, moved acceptance of the recommendation. The 85.8 recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. 85 86 Bid 359 - Water and Sewer Trucks 86.1 Purchasing Officer Sturman Mackey recommended award of bids to Lewis Ford Sales for a 25,500 GVW truck chassis with dump bed at a bid price of $14,449.00 and for a 3/4 ton Truck with service body at a bid price of $5,886.00. Following slight discussion and comment, Director Noland, seconded by Hughes, moved acceptance of the recommendation. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. OTHER BUSINESS RESOLUTION AUTHORIZING CONDEMNATION - North Street/Garland Project 86.2 City Manager Grimes reported thatthe Highway Department required additional right-of-way for the North Street/Garland improvement project. Owner of the right-of-way needed, Mr. J. V. Wilson, had, according to Grimes, stated he would not be willing to negotiate the right-of-way agreement.% Therefore, Grimes recommended the Board authorize condemnation proceedings against Mr. Wilson's property. He advised the Board that the Highway Department is to reimburse the City for the right-of-way acquisition. Director Malone, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. RESOLUTION NO. 76-77 APPEARS ON PAGE 198 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION AUTHORIZING STUDY - Highway 265 Extension 86.3 The City Manager reported that the Highway Department had asked the City to express whether or not it would like a feasibility study conducted regarding the relocation of Highway 265 to intersect with the existing Highway 16 East Bypass. Director Malone, seconded by Colwell, moved adoption of a resolution authorizing the Highway Department to conduct the study. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The resolution was declared passed. RESOLUTION NO. 77-77 APPEARS ON PAGE 199 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION ASSURING COMPLIANCE WITH 1970 PROPERTY ACQUISITIONS POLICIES ACT 86.4 As a result of recently completed litigation involving application of the 1970 Uniform Relocation Assistance and Real Property Acquisition Policies Act, the City Attorney advised that a resolution assuring compliance with that Act should be adopted and that the resolution should also request the CD Committee to hold public hearings and recommend amendments to the City's CD program to make available $35,000 to compensate for past and future easement acquisitions. 86 1 1 1 (\jmenti 87 The City Attorney read•the resolution. Directbr Noland, seconded by Hughes, 87.1 moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. RESOLUTION NO. 78-77 APPEARS ON PAGE 200 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION APPOINTING APPRAISER The City Attorney read a resolution appointing Frazier Stephens as review 87.2 appraiser for CD program real property acquisitions as requiredby HUD regulations imple- ng197)Property Acquisition Act. Director Malone, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Malone Nays: Hughes The resolution was declared passed. RESOLUTION NO. 79-77 APPEARS ON PAGE 201 OF ORDINANCE & RESOLUTION BOOK V RESOLUTION APPOINTING REVIEW APPRAISER CERTIFIER The City Attorney read a resolution authorizing Ed Connell to certify re- ports of the City's review appraiser of CD program real property acquisitions. Director Noland, seconded by Malone, moved adoption of the resolution. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Malone Nays: Hughes The resolution was declared passed. RESOLUTION NO. 80-77 APPEARS ON PAGE 202 OF ORDINANCE & RESOLUTION BOOK V ALCOHOLIC BEVERAGE PERMIT APPLICATION - 236 Huntsville The City Manager advised the Board of the alcoholic beverage permit applica- tion for 236 Huntsville. Sincethe location is not properly zoned for retail liquor stores, the City Manager requested authorization from the Board to express the City's opposition to the application. Director Todd, seconded by Colwell, moved the application be opposed. The recorded vote was: Ayes: Lancaster, Colwell, Henry, Todd, Noland, Hughes, Malone Nays: None The motion was declared passed. MISCELLANEOUS 87.3 87.4 1. The Board briefly discussed preliminary listing of 1978 CD street priorities 87.5 and agreed to consider the list for the next two weeks before discussing them at a regular meeting. 2.. Director Malone advised that, according to recent correspondence, $130,000 87.6 in CD funds could not be used as originally planned but that the funds could be used for the purpose proposed under another section of HUD regulations. Malone said he would meet with the Advertising and Promotion Commission in order to formulate a recommendation for the Board. 87 88 APPROVAL OF MINUTES 88.1 The Mayor asked whether amendments were necessary to the minutes of the September 6, 1977 meeting. Director Colwell requested an amendment to paragraph 72.3 to cause it to read: "...the closest existing industrial activity..." Also, that paragraph 71.9 be amended to read: "...intent to refrain from any discussion..." 88.2 There being no further amendments necessary, the Mayor declared the minutes approved as amended. ADJOURNMENT 88.3 There being no further business for the Board's consideration, the Mayor de- clared the meeting adjourned. ATTEST Darlene Westbrook, ..ity Clerk APPROVED Ernest Lancaster, Mayor 88 1 1